Barber v. Barnum
Appellate Division of the Supreme Court of the State of New York
Appeal by .the defendant, Curtis A. Barnum, from an order of the Supreme Court, made at the Otsego Special Term and entered in the office of the clerk of the county of Otsego on the 13th day .of September, 1906, granting a motion made by the receiver of the property of the defendant to renew a prior motion for leave to sell defendant’s interest in certain property and granting permission to make such sale.
1Opinion of the Court
Cochrane, J.:
In the year 1886 Frank L. Smith was appointed receiver of the property of the defendant in proceedings supplementary to execution. Such receiver has since died and the respondent is his duly appointed successor. Defendant at that time had an interest under the .will of his deceased father in certain real estate subject to the life interest therein of his mother. His mother is still living, and *326his interest in the property now is the same as át tile time of the appointment of the receiver, save that the real estate has been sold and the proceeds stand-in the place thereof. The…
2Cases cited2 opinions
- Shoemaker v. New York Central & Hudson River RailroadNew York Supreme Court · 1888
- McGown v. . BarnumNew York Court of Appeals · 1905
3Cited by1 opinion
- Kings County Trust Co. v. MelvilleNew York Supreme Court · 1926