Gibson v. Haggerty
New York Supreme Court
Appeal from a judgment. This action was brought by James Gibson, assignee of Hugh McCrossan, against William C. Haggerty and Ogden Haggerty, to recover $105.46. In July, 1859, William' Sturgis and others recovered judgment against McCrossan, the assignor of the plaintiff, and an execution issued thereon was returned unsatisfied.
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Appeal from a judgment. This action was brought by James Gibson, assignee of Hugh McCrossan, against William C. Haggerty and Ogden Haggerty, to recover $105.46. In July, 1859, William' Sturgis and others recovered judgment against McCrossan, the assignor of the plaintiff, and an execution issued thereon was returned unsatisfied. On a sufficient affidavit, an order, under section 294 of the Code, was made by Mr. Justice Roosevelt, in November, 1859, requiring the present defendants'to appear and answer, concerning any property in their hands bélonging to the judgment-debtor McCrossan. One of…
1Opinion of the Court
Rosekrans, I.
J.It is not necessary in this case to question or consider the numerous decisions which hold that proceedings under section 294 may be taken without obtaining an order for the examination of the judgment-debtor under section 292 of the Code. In none of these did the question arise which is presented in this case* The property of the judgment-debtor *409which, by the order, was directed to be paid over in part satisfaction of the judgment prior to the making of' the order, had been assigned to the plaintiff; and no question is made as to the good faith and validity of the assignment,…
2Cases cited2 opinions
- Sherwood v. Buffalo & New-York City RailroadNew York Supreme Court · 1855
- Allen v. SmillieNew York Supreme Court · 1855