Clement v. White
Appellate Division of the Supreme Court of the State of New York
Appeal by the American Fidelity Company, judgment creditor, from an order of the County Court of the county of Erie, entered in the office of the clerk of said county on the 4th day of June, 1907, vacating a prior order which required William F. Whité, a a judgment debtor, to appear and be examined concerning his property. ' -
1Opinion of the Court
Spring, J.:
In July, 1906, the State Commissioner of Excise recovered a judgment by default against the defendant White for penalties for the breach of the conditions of a bond given by him in pursuance *94of the provision's of the. Liquor Tax, Law. The defendant, the American Fidelity Company, was a surety on the bond, but no judgment was entered against it, although made a party defendant. It paid the amount of the judgment and the same was assigned to it by the State Commissioner of Excise. An execution issued upon the judgment after the assignment was returned wholly unsatisfied, and the…
2Cases cited5 opinions
- Materne v. . HorwitzNew York Court of Appeals · 1886
- Dean v. ClarkNew York Supreme Court · 1894
- Robens v. SweetNew York Supreme Court · 1888
- Smith v. PaulNew York Supreme Court · 1860
- Rich v. SalingerNew York Court of Common Pleas · 1860
3Cited by1 opinion
- Talcott v. Beauty Spring Water Co.Appellate Division of the Supreme Court of the State of New York · 1909