Pickert v. Eaton
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arnold L. Eaton, from that part of an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Herkimer on the 24th day of. December, 1902, discharging a judgment of record which retained the same in full force for the benefit of the receiver of the said defendant as to the. personal property acquired by him.
1Opinion of the Court
Spring, J.:
On the 16th day of June, 1898, the plaintiff recovered a judgment in the Supreme Court against the appellant on a promissory note for $1,045.92. In proceedings supplementary to execution founded on this judgment a receiver was appointed of the property of the judgment debtor who claimed title to a real estate mortgage given by the defendant FredW. Eaton to the appellant. In December, 1899, the receiver commenced a foreclosure of this mortgage by action, and separate answers were interposed by the present defendants alleging payment of said mortgage as an affirmative *424defense. The…
2Cases cited3 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Yeatman v. Savings InstitutionSupreme Court of the United States · 1878
- First National Bank v. . ShulerNew York Court of Appeals · 1897
3Cited by8 opinions
- King v. Will J. Block Amusement Co.Appellate Division of the Supreme Court of the State of New York · 1908
- In re the Final Judicial Settlement of the Account of PetersonAppellate Division of the Supreme Court of the State of New York · 1910
- Olsen v. NelsonSupreme Court of Minnesota · 1914
- Bank of New York v. NiesAppellate Division of the Supreme Court of the State of New York · 1983
- Wyckoff v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1910
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