Mawhinney-Waack, Inc. v. Philip

This is an application under section 794 of the Civil Practice Act for an order directing the payment to the judgment creditor of money claimed to be due or to become due to the judgment debtor.

The affidavits show that the judgment debtor and his wife are the owners of certain real property located in the Town of Lysander, this county, and that the Mutual Benefit Life Insurance Company holds a mortgage against said property which is in the process of foreclosure. It appears that judgment in the foreclosure has been rendered and that the sale of the property under this judgment is to be had on…