Dienst v. Gustaveson
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, General Term. Action by Adam P. Dienst and another against John B. Gustaveson and another.; From an order in supplementary proceedings directing payment to receiver of moneys in hands of a third party, alleged to be due and payable to judgment debtors, defendants appeal.
1Opinion of the CourtBischoff, J.
Money in the hands of the comptroller, deemed to be payable to the judgment debtors, were directed by the order api pealed from to be paid to the receiver appointed in supplementary *372proceedings, notwithstanding the assertion of an assignment by the judgment debtors to a third party, in good faith and for value, before the receiver was appointed, and with notice to the comptroller. The fact that the assignment was made after service of the order in supplementary proceedings upon the comptroller did not necessarily affect the rights of the assignee. Code, § 2469; Droege v. Baxter, 69 App. Div.…
2Cases cited2 opinions
- Krone v. KlotzAppellate Division of the Supreme Court of the State of New York · 1896
- Droege v. BaxterAppellate Division of the Supreme Court of the State of New York · 1902