Excelsior Needle Co. v. Globe Cycle Works
Appellate Division of the Supreme Court of the State of New York
Appeal by Morgan & Wright, judgment creditors of the defendant, from so much of an order of the Supreme Court, made at the Erie Special Term and -entered in the office of the clerk of the county of Erie on the 18th day of October, 1899, as holds and decides that Edward P. Beals, Pascal P. Beals and William R. Gass, judgment creditors, whose execution was issued on July 2, 1898, upon a judgment for $110.80 damages and costs recovered in favor of said Edward P. Beals and…
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Appeal by Morgan & Wright, judgment creditors of the defendant, from so much of an order of the Supreme Court, made at the Erie Special Term and -entered in the office of the clerk of the county of Erie on the 18th day of October, 1899, as holds and decides that Edward P. Beals, Pascal P. Beals and William R. Gass, judgment creditors, whose execution was issued on July 2, 1898, upon a judgment for $110.80 damages and costs recovered in favor of said Edward P. Beals and others, judgment creditors above named, against said Globe Cycle Works, above named, and delivered to the sheriff of Erie…
1Opinion of the Court
Spring, J.:
A. motion was made by the plaintiff in this action, after the public auction, to compel the sheriff to pay the plaintiff’s executions from ¡the avails of the sale. Notice of this motion was served upon the mine judgment creditors, under whose directions the sheriff had ¡relinquished the possession of the property to the defendant, and ¡some of these judgment creditors appeared, asserting their right to the proceeds of the auction sale. There is very little contradiction in the affidavits. The interference which it is alleged destroyed the lien of their levy is based upon the two…
2Cases cited5 opinions
- Sage v. . WoodinNew York Court of Appeals · 1876
- Smith v. . ErwinNew York Court of Appeals · 1879
- Storm v. WoodsNew York Supreme Court · 1814
- Everingham v. National City BankIllinois Supreme Court · 1888
- Benjamin v. SmithNew York Supreme Court · 1834
3Cited by6 opinions
- In re ZeisDistrict Court, W.D. New York · 1916
- Williams v. Standard Oil Co.Appellate Division of the Supreme Court of the State of New York · 1927
- In re Monarch Acetylene Co.District Court, W.D. New York · 1916
- In re LaskarisDistrict Court, W.D. New York · 1933
- Matter of Dontzin Nagy & Fleissig LLP v. HC2 Holdings, Inc.Appellate Division of the Supreme Court of the State of New York · 2023
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