Myers v. Myers
Appellate Division of the Supreme Court of the State of New York
Appeal by the New York Life Insurance and Trust Company from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of January, 1897, denying its application for an order that the warrant of attachment issued by it should be levied on the property of the firm of S. F. Myers & Co., now in the hands of a receiver.
1Opinion of the Court
Rumsey, J.:
On the 13th day of August, 1896, the appellant here procured a warrant of attachment against the property of S. F. Myers & Co., in an action commenced on that day. Upon the same day an action was begun by one of the members of the firm against the others *449for a dissolution of the partnership and a distribution of its assets. In that action Louis Clark, Jr., was appointed receiver, and as such he took possession of the assets of the firm. A motion was made at Special Term, by the appellant here, to require the receiver to deliver to the sheriff the leviable assets of the firm upon…
2Cases cited1 opinion
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Abrahams v. BenekeAppellate Division of the Supreme Court of the State of New York · 1913
- Hammer v. IsraelNew Jersey Court of Chancery · 1919