McCarty v. Light
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur S. Light, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 23d day of September, 1912, granting leave to Edward A. McCarty, as ancillary executor, etc., of Edward McCarty, the above plaintiff, deceased, to issue execution upon the judgment obtained in the above-entitled action.
1Dissent
Lambert, J. (dissenting):
The major facts involved upon this appeal are sufficiently-stated in the opinion of Mr. Justice Kruse.
The Bankruptcy Act of 1898 (30 U. S. Stat. at Large, 565, § 67, subd. f) furnishes ample reason for the reversal of the order. By that section it is provided: “ That all levies, judgments * * * obtained through legal proceedings against a person who is insolvent, at any time within four months prior to the filing of a petition in bankruptcy against him, shall be deemed null and void in case he is adjudged a bankrupt, and the property affected by the levy, judgment * *…
2Cases cited5 opinions
- First National Bank of Jacksboro v. LasaterSupreme Court of the United States · 1905
- Clarke v. LarremoreSupreme Court of the United States · 1902
- Ansonia Brass and Copper Co. v. . BabbittNew York Court of Appeals · 1878
- Smith v. ReichNew York Supreme Court · 1894
- National Bank & Loan Co. v. SpencerAppellate Division of the Supreme Court of the State of New York · 1900