Bull v. Case
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Stephen M. Bull, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 4th day of April, 1898, setting aside a levy made by the sheriff of Orange county upon a bond and mortgage owned by the defendant, under a writ of attachment, issued in the above-entitled action.
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Appeal by the plaintiff, Stephen M. Bull, from an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 4th day of April, 1898, setting aside a levy made by the sheriff of Orange county upon a bond and mortgage owned by the defendant, under a writ of attachment, issued in the above-entitled action. The bond and mortgage levied upon represent moneys paid to the defendant by the Supreme Council of the Boyal Templars of Temperance as the beneficiary under a membership certificate issued by that "corporation to the…
1DissentGoodrich, P. J.
(dissenting) :
I cannot agree with the prevailing opinion, and for the reasons stated below.
The plaintiff sued for the recovery of $1,220.23 and obtained a warrant of attachment against the property of the defendant, on the ground of a fraudulent disposition or concealment of his prop*395erty. The sheriff levied upon a bond and mortgage for $1,500, made by Oyrus B. Case to the defendant on June 29, 1896. The defendant’s wife was a beneficiary member of the “ Supreme Council of Boyal Templars of Temperance;” which had issued its certificate to the defendant as her beneficiary. She died on January…
2Cases cited2 opinions
- Clark v. LynchNew York Supreme Court · 1894
- Commercial Travelers' Ass'n v. NewkirkNew York Supreme Court · 1888