In re Benedict
New York Supreme Court
Motion by a trustee in bankruptcy to discharge the real property from the lien of the judgment, and for a direction that the moneys in the hands of the sheriff, collected by virtue of said judgment, be paid to him as such trustee, and that the judgment be declared null and void.
1Opinion of the CourtHoughton, J.
On the 8th of April, 1901, Dwight H. Foster recovered a judgment against Thomas Scott Fuller, under the name of Scott Fuller, for $654.12 damages and costs. On the fifth of August following, and within four months after the recovery of said judgment, Fuller was adjudged a bankrupt, and John H. Benedict was thereafter appointed trustee of his estate, and duly qualified.
In April, soon after the entry of the judgment, execution was issued to the sheriff of Saratoga county and he collected from the personal property of the defendant certain moneys which are now in his hands, and levied upon and…
2Cases cited4 opinions
- Hennequin v. ClewsSupreme Court of the United States · 1884
- Burnham v. PidcockAppellate Division of the Supreme Court of the State of New York · 1901
- Mulock v. . ByrnesNew York Court of Appeals · 1891
- National Bank & Loan Co. v. SpencerAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- In re ButtsDistrict Court, N.D. New York · 1903
- Wrede v. GilleyAppellate Division of the Supreme Court of the State of New York · 1909
- McKittrick v. CahoonSupreme Court of Minnesota · 1903
- In re WhitleyDistrict Court, W.D. Tennessee · 1924
- Conrad Baking Co. v. KunkelNew York Supreme Court · 1916