Vietor v. Lewis
Appellate Division of the Supreme Court of the State of New York
. Appeal by the defendants, Nathan Lewis and" others, from an order of the Supreme Court, made at New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of November, 1898, granting the plaintiffs’ motion to continue the temporary injunction granted herein during the pendency of the action.
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. Appeal by the defendants, Nathan Lewis and" others, from an order of the Supreme Court, made at New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of November, 1898, granting the plaintiffs’ motion to continue the temporary injunction granted herein during the pendency of the action. An order to show cause granted in this action enjoined the defendants, and each of them, from receiving any portion of the money in the hands of the sheriff realized as the proceeds of the sale of the property of Charles Lewis & Bros, under certain executions…
1Opinion of the Court
O’Brien, J. :
The plaintiffs are judgment creditors of the firm of Charles Lewis & Bros.; and the defendants, other than the members of the-said firm, obtained prior judgments by confession and have issued executions on which levies were made upon some of the firm’s assets. Although the relief demanded in the complaint is in form that the judgments of these defendants and the executions issued thereon be set aside as fraudulent and void and that the" proceeds be transferred to, a receivercta-be appointed during the pendency of the action, *318the plaintiffs,; on the motion, did not insist upon a…
2Cases cited1 opinion
- McHenry v. . JewettNew York Court of Appeals · 1882
3Cited by2 opinions
- Ideal Clothing Co. v. HazleMichigan Supreme Court · 1901
- Ellis v. L. Hays Saddlery & Leather Co.Supreme Court of Kansas · 1902