Schrauth v. Dry Dock Savings Bank
New York Court of Common Pleas
Trial of the action at a special term of the court before Charles P. Daly, Chief .Justice. The action was brought to recover #225, deposited with the defendant by the plaintiff, in her name, under an agreement that it should be paid back on demand.
Read the full summary
Trial of the action at a special term of the court before Charles P. Daly, Chief .Justice. The action was brought to recover #225, deposited with the defendant by the plaintiff, in her name, under an agreement that it should be paid back on demand. The defence was that the money, when deposited, was the property of Otto Schrauth, the husband of plaintiff, and that defendant, in obedience to an order of the Marine Court of the city of New York, had paid the money to S. Bott, the attorney for William Voss, who had obtained judgment against Otto Schrauth, and that plaintiff was a party to and…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The order of Judge Goepp, ordering the money deposited in the plaintiff’s name, in the defendant’s bank, to be paid to Sigismund Bott, the attorney for the plaintiff, in the judgment upon which the supplementary proceedings were founded, was undoubtedly erroneous. The Code expressly provided (§ 299), that if it appear in the supplementary proceedings that a person alleged to have property of the judgment debtor claims an interest in the property adverse to him, such interest or debt shall be recoverable only in an action against such per*108son by a receiver, to be…
2Cases cited7 opinions
- People ex rel. Case v. CollinsNew York Supreme Court · 1837
- Brown v. . NicholsNew York Court of Appeals · 1870
- Fisher v. . HepburnNew York Court of Appeals · 1871
- Van Steenbergh v. BigelowNew York Supreme Court · 1829
- Brown v. HankersonNew York Supreme Court · 1824
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- National Park Bank of New York v. WhitmoreNew York Supreme Court · 1887