Trow's Printing & Bookbinding Co. v. Hart
New York Court of Common Pleas
Appeal from an order of this court vacating a warrant of attachment. The action was brought upon certain promissory notes against the defendant James W. Hart as indorser, and a warrant of attachment against his property was obtained in the action by the plaintiff.
Read the full summary
Appeal from an order of this court vacating a warrant of attachment. The action was brought upon certain promissory notes against the defendant James W. Hart as indorser, and a warrant of attachment against his property was obtained in the action by the plaintiff. Subsequently Nelson Sherwood, the respondent in this appeal, having purchased from the defendant Hart certain real estate, being a portion of the property upon which the attachment had been levied, moved to vacate the attachment, as to the property purchased by him, on the grounds stated in the opinion. The motion was granted, and…
1Opinion of the CourtJ. F. Daly, J.
Any person who has acquired a lien upon or interest in the defendant’s property after it was attached may, at any time before actual application of the attached property or the proceeds thereof to the payment of a judgment recovered in the action, apply to vacate or modify the warrant, or to increase the security given by the plaintiff, or for one or more of those forms of relief together or in the alternative. Such are the broad provisions of section 682 of the Code, and they are broad enough to include the purchasers, assignees and other transferees of the attached property among those who…
2Cases cited4 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Trow's Printing & Bookbinding Co. v. HartNew York Court of Appeals · 1881
- Cook v. StaatsNew York Supreme Court · 1854
- Barnard v. DarlingNew York Court of Chancery · 1845
3Cited by1 opinion
- Marine National Bank v. WardNew York Supreme Court · 1885