Schloss v. Schloss
Appellate Division of the Supreme Court of the State of New York
■ Appeal by Morris Adler, a judgment creditor of Schloss & Sons,, from an order of the Supreme Court, made at the New York Special 'Term and entered in the office of the-clerk of the county of New York on the 22d day of December, 1896, denying his motion that the sheriff have leave to levy upon goods of the firm of Schloss & Sons (who are the plaintiffs and defendants in the above-entitled ■action) in the hands of a receiver.
1Opinion of the Court
.Rumsey, J.:
The facts in this case do not differ materially from those which were made to appear in The Matter of Thompson (10 App. Div. 40), which was an application by a judgment creditor of these same parties for the- same relief which is here asked. We concluded, upon a careful examination of the facts in that case, that as a matter of fact they did not show insolvency on the part of the firm of Schloss & Sons, and that the judgment creditor should be permitted to' collect his debt in the same manner as other judgment creditors -of other debtors. In view of the fact that this motion was…
2Cases cited2 opinions
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
- Halpin v. Mutual Brewing Co.New York Supreme Court · 1895
3Cited by5 opinions
- Abrahams v. BenekeAppellate Division of the Supreme Court of the State of New York · 1913
- Hammer v. IsraelNew Jersey Court of Chancery · 1919
- Price v. PriceAppellate Division of the Supreme Court of the State of New York · 1897
- Patterson v. PattersonU.S. Circuit Court for the District of Southern New York · 1910
- Wallace v. WallaceAppellate Division of the Supreme Court of the State of New York · 1897