O'Connor v. Mechanics' Bank
New York Court of Appeals
Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7,1889, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a decision at Circuit upon a trial without a jury.
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Cross-appeals from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7,1889, which modified and affirmed as modified a judgment in favor of plaintiff entered upon a decision at Circuit upon a trial without a jury. This was an action at law by a receiver, appointed in proceedings supplementary to execution, to recover a sum of money deposited by a third party with the defendant, and alleged to belong to the judgment debtor. The judgment, upon which plaintiff’s appointment as receiver is based, was recovered April 2, 1886,…
1Opinion of the CourtVann, J.
This is not a creditor’s bill to establish a lien, or to remove an obstacle to the collection of a debt, but a strict action at law to recover a definite sum of money from the defendant. It does not involve the' right of the plaintiff to proceed against the executors, or to collect the debt that he represents out of any interest which the judgment debtor may have in his father’s estate. In order to recover in this action the plaintiff wcs hound to show that when the third-party order was served upon the defendant, it had in its possession or under its control certain personal property then…
2Cases cited11 opinions
- Van Alen v. . American National BankNew York Court of Appeals · 1873
- Risley v. . Phenix Bank of City of New YorkNew York Court of Appeals · 1881
- &198tna National Bank v. . Fourth National BankNew York Court of Appeals · 1871
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Attorney-General v. Continental Life InsuranceNew York Court of Appeals · 1877
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Paul v. DraperSupreme Court of Missouri · 1900
- Pullen v. Placer Country BankCalifornia Supreme Court · 1902
- Arnold v. San Ramon Valley BankCalifornia Supreme Court · 1921
- Glennan v. Rochester Trust & Safe Deposit Co.New York Court of Appeals · 1913
- People v. St. Nicholas BankNew York Supreme Court · 1894
21 more not listed; retrieve them via the Exa API.