Smith v. Cutter
Appellate Division of the Supreme Court of the State of New York
Appeal by John D. Cutter & Company, a corporation brought' into, court under a third party order, made in proceedings supplementary to execution, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the •clerk of the county of Kings on the 28th day of March, 1901, denying the motion of the said corporation to vacate the order for its examination.
1Opinion of the Court
Sewell, J.:
The plaintiff recovered judgment against John D. Cutter. The execution issued thereon having been returned unsatisfied, an order was obtained in proceedings supplementary to the execution for the examination of the defendant. Such proceedings were had that Walter E. Warner was subsequently appointed receiver of defendant’s ^property. The receiver demanded of the John D. Cutter Company •certain silks in its possession which the defendant had testified ^belonged to him, and the demand was refused. The plaintiff thereupon obtained an order for the examination of the company as a…
2Cases cited3 opinions
- Collins v. BeebeNew York Supreme Court · 1889
- Arnot v. WrightNew York Supreme Court · 1890
- People ex rel. Fitch v. MeadNew York Supreme Court · 1865
3Cited by6 opinions
- Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913
- Denison v. Jackson Bros. Realty Co.Appellate Division of the Supreme Court of the State of New York · 1913
- Bank of Port Jefferson v. DarlingAppellate Division of the Supreme Court of the State of New York · 1905
- Fried v. CanoDistrict Court, S.D. New York · 1959
- Howell v. German Theatre, Inc.New York Supreme Court · 1909
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