Gallation v. Smith
New York Supreme Court
Motion by defendants to- charge Lomore Bros. & Co. with the payment of the costs of this action, entered in a judgment in favor of the defendants against plaintiff. • The moving affidavits showed that Lomore Bros. & Co., judgment creditors, instituted supplementary proceedings against one Coke, and therein had the plaintiff Gallation appointed receiver; that thereupon this action was brought to reach Coke’s property, alleged to be in defendants’ hands, and to obtain…
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Motion by defendants to- charge Lomore Bros. & Co. with the payment of the costs of this action, entered in a judgment in favor of the defendants against plaintiff. • The moving affidavits showed that Lomore Bros. & Co., judgment creditors, instituted supplementary proceedings against one Coke, and therein had the plaintiff Gallation appointed receiver; that thereupon this action was brought to reach Coke’s property, alleged to be in defendants’ hands, and to obtain satisfaction of Lomore Bros. & Co.’s judgment; the receiver did not commence the action on his own responsibility, but at the…
1Opinion of the CourtBoardman, J.
— If Lomore Bros. & Co., by themselves or their attorneys, brought this action in order to secure payment of their debt against Coke, they should be made to pay the costs incurred by defendants.
It is conceded that Lomore Bros. & Co. conducted the supplementary proceedings to discover property of Coke; that certain property of Coke’s, in defendants’ hands as collateral security, was discovered; that they or their attorneys thought said property was more than sufficient to pay defendants’ debt against Coke, and was sufficient in addition to pay L. B. & Co.’s debt; that on the same day of such'…
2Cases cited1 opinion
- Bliss v. OtisCourt for the Trial of Impeachments and Correction of Errors · 1845