Van Alstyne v. Cook
New York Court of Appeals
Appeal from the Supreme Court. Action brought by leave of the court against the defendant as receiver, to reach a fund in his hands, which arose from the assets of a special partnership, composed of William B. Treadwell, John G-. Treadwell, John S. Perry and Edward Norton, general partners, and of John E. Rathbone, special partner.
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Appeal from the Supreme Court. Action brought by leave of the court against the defendant as receiver, to reach a fund in his hands, which arose from the assets of a special partnership, composed of William B. Treadwell, John G-. Treadwell, John S. Perry and Edward Norton, general partners, and of John E. Rathbone, special partner. The firm, and all the general partners, on or before the 15th of May, 1860, became and were insolvent, and on that day the Artisans’ Bank of New York, recovered a judgment against the general partners for the sum of $17,273.94, for which an execution was that day…
1Opinion of the CourtSmith, J.
The omission of the clerk to sign the judgment' roll on entering up the judgment of the Artisans’ Bank against Treadwells, Perry & Norton, does not affect the validity of the judgment. It was a clerical error, and a - mere question of practice and of. regularity, which the Supreme Court could and should at any time have allowed to have been amended, nunc . pro tunc. And the levy made by the plaintiff upon the execution issued on said judgment was entirely regular and valid, and created a perfect lien upon the property levied on in favor of the plaintiff in the execution, if the property at…
2Cases cited4 opinions
- Innes v. LansingNew York Court of Chancery · 1839
- Whitewright v. StimpsonNew York Supreme Court · 1848
- Rutter v. TallisThe Superior Court of New York City · 1852
- Huff v. KnappThe Superior Court of New York City · 1849
3Cited by6 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Mulligan v. Illinois Central Railway Co.Supreme Court of Iowa · 1873
- Hubbell v. HubbellSupreme Court of Iowa · 1907
- Christenson v. American Express Co.Supreme Court of Minnesota · 1870
- Louisville & Nashville R. R. v. BrownleeCourt of Appeals of Kentucky · 1879
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