Legal Opinion

Albany City Bank v. Schermerhorn

New York Court of Chancery

Decided September 15, 1840PublishedCited by 1 opinion

These two causes are creditor’s bills. A recefwas aPP°inted in each of them. The appointments were perfected by giving bond, &c. A part th® property of the defendant consisted of land's rented by the defendant on shares, i. e. he was to . „ 7 , receive a proportion oí the crops.

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These two causes are creditor’s bills. A recefwas aPP°inted in each of them. The appointments were perfected by giving bond, &c. A part th® property of the defendant consisted of land's rented by the defendant on shares, i. e. he was to . „ 7 , receive a proportion oí the crops. Subsequent to Perfecti°n of the appointment of receiver, a judgment creditor of the defendant had levied upon the share of the defendant’s crops, by virtue of executions issued to the counties of Monroe and Orleans. No assignment had ever been made by the defendant to the receiver; no copies of the order of…

1Opinion of the Court

The Vice Chancellor.

The sheriffs or judgment creditor insist upon three points in this cause and upon this motion :

1. That the judgment debtor has not assigned or executed an assignment of his property to the receiver.

2.. That the receiver has not served upon the tenants copies of the order appointing him receiver.

*2998. That the tenants have not, in point of fact, atiorned to the receiver.

These points make it necessary to consider and decide the nature and effect of creditor’s bills.

The preliminary argument of the counsel for the defendant, is sound.

A bill may be filed to remove obstructions upon…

2Cited by1 opinion

  1. Field v. SandsThe Superior Court of New York City · 1861

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