Sinnott v. First National Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by Henry Sammis, the judgment debtor in the above-entitled action, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 20th day of October, 1898, denying his motion to compel the plaintiff and his attorneys to file an order which, the plaintiff had procured for the examination in supplementary proceedings of the First National Bank of Hempstead, a third party, indebted to the…
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Appeal by Henry Sammis, the judgment debtor in the above-entitled action, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Queens on the 20th day of October, 1898, denying his motion to compel the plaintiff and his attorneys to file an order which, the plaintiff had procured for the examination in supplementary proceedings of the First National Bank of Hempstead, a third party, indebted to the said Henry Sammis.
1Opinion of the Court
Cullen, J.:
The plaintiff recovered a judgment against one Henry Sammis for a sum of money. He issued an execution to the sheriff of Queens county. Subsequently he instituted supplementary proceedings against the First National Bank of Hempstead, as a third party, indebted to the judgment debtor. Prior to the time of the commencement of these proceedings, the judgment debtor had paid the sheriff the amount due on the judgment, though of this fact the plaintiff’s attorney was ignorant. On discovering that the judgment *162•"was paid, he obtained an order discontinuing the proceeding. The ..judgment…
2Cases cited4 opinions
- Gibson v. . HaggertyNew York Court of Appeals · 1868
- Savage v. RelyeaNew York Supreme Court · 1848
- Matthews v. HendryAppellate Division of the Supreme Court of the State of New York · 1898
- Renner v. MeyerCity of New York Municipal Court · 1889
3Cited by3 opinions
- Axinn & Sons Lumber Co. v. OsinskiAppellate Division of the Supreme Court of the State of New York · 1934
- Commercial Credit Corp. v. ColegroveNew York Supreme Court · 1961
- ITT Commercial Finance Corp. v. BaileyNew York Supreme Court · 1995