Legal Opinion

Gomprecht v. Scott

Appellate Terms of the Supreme Court of New York

Decided April 15, 1899Published

Appeal by defendant and Minna Scott, claimant of fund, from a determination of the City Court of the city of Hew York, affirming an order made at Special Term, denying application to compel receiver to pay over certain moneys.

1Opinion of the CourtLeventritt, J.

These proceedings were founded on a default judgment recovered by the plaintiffs against the defendant Libbie M. Scott.

Upon the entry of judgment, execution was issued and on the next day, before its return, supplementary proceedings in aid thereof were instituted. The first step taken was the service of a third-party order on the Plaza Bank, requiring, it to appear for examination concerning property alleged to be in its possession belonging to the defendant Libbie M. Scott. Ho notice whatsoever was given her of this proceeding; nor of the appointment of a receiver made after the examination…

2Cases cited7 opinions

  1. Rodman v. . HenryNew York Court of Appeals · 1858
  2. West Side Bank v. . PugsleyNew York Court of Appeals · 1872
  3. Krone v. KlotzAppellate Division of the Supreme Court of the State of New York · 1896
  4. Maas v. McEntegartAppellate Terms of the Supreme Court of New York · 1897
  5. Stiefel v. BerlinNew York Supreme Court · 1897

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