McCorkle v. . Herrman
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first, judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of defendant, entered upon an order overruling a demurrer to a defense set up in the answer and dismissing the complaint.
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Appeal from judgment of the General Term of the Supreme Court in the first, judicial department, entered upon an order made March 29, 1889, which affirmed a judgment in favor of defendant, entered upon an order overruling a demurrer to a defense set up in the answer and dismissing the complaint. The complaint alleges the appointment of plaintiff as receiver of the property of John J. Murphy in proceedings supplementary to execution, December 4, 1886, and that the order for the examination of Murphy, the judgment-debtor in said proceedings, was served November 27, 1886. It further alleges that…
1Opinion of the CourtAndrews, J.
The defendant has taken no proceedings in ■ the nature of an interpleader, under section 820 of the Code of Civil Procedure, and the sufficiency of the sixth defense, or answer, must be determined by the test, whether it alleges facts which, on their face, show that the plaintiff has no right of action. The plaintiff’s right, as receiver, to recover the amount owing by defendant under the contract with Murphy, at the time the receiver was appointed, in'the absence of any valid prior liens upon the fund in favor of other persons, is undisputed. By section 2468 of the Code of Civil Procedure,…
2Cases cited4 opinions
- Payne v. . WilsonNew York Court of Appeals · 1878
- Becker v. . TorranceNew York Court of Appeals · 1864
- Carman v. . McIncrowNew York Court of Appeals · 1855
- Dorestan v. KriegWisconsin Supreme Court · 1886
3Cited by57 opinions
- Ward v. . PetrieNew York Court of Appeals · 1898
- Arrow Iron Works, Inc. v. GreeneNew York Court of Appeals · 1932
- In re CramondDistrict Court, N.D. New York · 1906
- Stevens v. . OgdenNew York Court of Appeals · 1891
- O'Connor v. Mechanics' BankNew York Court of Appeals · 1891
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