Brein v. Light
City of New York Municipal Court
Appeal by Mark Jacobs, as receiver in supplementary proceedings of, etc., of Max Light, defendant, from an order of the Special Term of the City Court of the city of Hew York, requiring him to repay to Abraham Eisenbud, a third-party, within’ five days of service of the order, $158, which he had obtained from Eisenbud. Ho third party order had been served upon Eisenbud. There was a restaurant at which both Light and Eisenbnd were present.
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Appeal by Mark Jacobs, as receiver in supplementary proceedings of, etc., of Max Light, defendant, from an order of the Special Term of the City Court of the city of Hew York, requiring him to repay to Abraham Eisenbud, a third-party, within’ five days of service of the order, $158, which he had obtained from Eisenbud. Ho third party order had been served upon Eisenbud. There was a restaurant at which both Light and Eisenbnd were present. The receiver took the moneys in question from its receipts, proceeding upon the supposition that the restaurant belonged to Light. Eisenbud made affidavit…
1Opinion of the CourtMcCarthy, J.
This is an appeal by Mark Jacobs, as receiver, from an order granting a motion made by Eisenbud, the respond*111ent herein, compelling Mark Jacobs, as receiver in supplementary proceedings to pay back to him the sum of $158, which was claimed by said Eisenbud to have been forced from him by said Jacobs by threats and duress, as appears by the affidavits herein:, said Eisenbud also claiming to be the owner of the property which, the receiver so attempted to take possession of. Johnson, Ch. J.,. in Rodman v. Henry, 17 N. Y. 482, says: “ Hpon proceedings supplementary to execution, * * * the judge…
2Cases cited2 opinions
- Rodman v. . HenryNew York Court of Appeals · 1858
- Sherwood v. Buffalo & New-York City RailroadNew York Supreme Court · 1855
3Cited by1 opinion
- First National Bank of Laramie v. CookWyoming Supreme Court · 1904