Legal Opinion

Graff v. Bonnett

The Superior Court of New York City

Decided September 15, 1863PublishedCited by 3 opinions

This is an action, by a receiver, appointed in supplementary proceedings, to reach the interest money paid by the defendants, as executors, to the judgment debtor. A bequest was made to the judgment debtor by the will of his father, the terms of which were, that the sum should be invested on bond • and mortgage, and the interest money paid by the executors, one of whom is the judgment debtor, to the judgment debtor.

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This is an action, by a receiver, appointed in supplementary proceedings, to reach the interest money paid by the defendants, as executors, to the judgment debtor. A bequest was made to the judgment debtor by the will of his father, the terms of which were, that the sum should be invested on bond • and mortgage, and the interest money paid by the executors, one of whom is the judgment debtor, to the judgment debtor. Defendants demurred to the complaint as not containing facts constituting a cause of action.

1Opinion of the Court

By the court, Bosworth, Justice.

It is not apparent on what ground the judgment debtor’s co-executors can be required to account for interest moneys paid to or received by him before they had notice of any claim of the plaintiff, and W. H. Bonnett is not proceeded against individually, but as executor. It is not apparent that he can be compelled to account, in this action, for any interest moneys he has received and expended since the plaintiff was appointed receiver. A receiver does not, as such, become invested with the title to any property acquired by the debtor subsequent to the order…

2Cases cited1 opinion

  1. Campbell v. GenetNew York Court of Common Pleas · 1859

3Cited by3 opinions

  1. Columbian Institute v. CreganCity of New York Municipal Court · 1886
  2. Hardenburgh v. BlairNew Jersey Court of Chancery · 1878
  3. McGivney v. ChildsNew York Supreme Court · 1886

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