In re Gagnon
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by John W. Matthews and others against Frank W. Hendry. Judgment for plaintiffs. From an order denying a motion to vacate an order for the examination of George S. Gagnon in proceedings supplementary to execution, and an order appointing a receiver, defendant appeals.
1Opinion of the CourtCullen, J.
The affidavit on which the order for the examination of the third party in proceedings supplementary to execution was granted was fatally defective, in failing to state the residence of the judgment debtor at the time of the institution of the proceeding, as required by section 2458 of the Code of Civil Procedure. On this question the cases of Schenck v. Irwin, 60 Hun, 361, 15 N. Y. Supp. 55, and Franey v. Smith, 88 Hun, 215, 34 N. Y. Supp. 780, are decisive authorities. The rule under the old Code was to the contrary, but Mr. Throop’s note to section 2458 shows that it was intended to change…
2Cases cited2 opinions
- Schenck v. IrwinNew York Supreme Court · 1891
- Franey v. SmithNew York Supreme Court · 1895
3Cited by1 opinion
- Sinnott v. First Nat. BankAppellate Division of the Supreme Court of the State of New York · 1898