Sands v. Roberts
New York Court of Common Pleas
Motion to modify an order in supplementary proceedings. At the time that the defendant was enjoined by an order in supplementary proceedings, from interfering with his property, and a receiver thereof appointed, he was owner of household furniture to the value of from three hundred to six hundred dollars, and which he claimed to be exempt by law from execution. This was subsequently destroyed by fire.
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Motion to modify an order in supplementary proceedings. At the time that the defendant was enjoined by an order in supplementary proceedings, from interfering with his property, and a receiver thereof appointed, he was owner of household furniture to the value of from three hundred to six hundred dollars, and which he claimed to be exempt by law from execution. This was subsequently destroyed by fire. It was insured, and he moved for an order modifying the order restraining him, so as to permit him to make and present to the insurance company proof of his loss, and to apply the insurance…
1Opinion of the CourtHilton, J.
The supplementary order for the defendant’s examination was granted August 6, 1858, and on the 24th of the same month a receiver was appointed under the proceedings thus instituted.
About September 1, 1858, the defendant’s household furniture, which was by law exempt from execution, and could not be reached under these proceedings, was destroyed by fire, whereby the Astor Fire Insurance Company became indebted to him to the extent of its value, under a policy or contract of insurance issued by them in respect to it.
I am asked upon this motion, to which the plaintiffs and defendant atone are…
2Cited by3 opinions
- In re Trustees of the Board of Publication & Sabbath School WorkNew York Supreme Court · 1898
- Atkinson v. SewineNew York Court of Common Pleas · 1871
- Muir v. HowellNew Jersey Court of Chancery · 1883