Isaacs v. Mintz
New York Court of Common Pleas
Appeal from city court, general term. Motion by Wilbur F. Treadwell, a receiver appointed in supplementary proceedings against the defendant, Israel Mintz, to set aside levies and sales under executions in actions against said defendant under the name of Isaac Mintz, and that the plaintiffs therein pay over to the receiver the proceeds of such sales, on the ground that the sales, were void by reason of such misnomer.
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Appeal from city court, general term. Motion by Wilbur F. Treadwell, a receiver appointed in supplementary proceedings against the defendant, Israel Mintz, to set aside levies and sales under executions in actions against said defendant under the name of Isaac Mintz, and that the plaintiffs therein pay over to the receiver the proceeds of such sales, on the ground that the sales, were void by reason of such misnomer. The receiver appeals from an order of the general term of the city court affirming ah order of the special term denying his motion. See 11 N. Y. Supp. 423.
1Opinion of the CourtDaly, C. J.
The city court found upon the facts before it that the defendant, Mintz, was equally well known by the name of Isaac and Israel, and held therefore that there was no misnomer in the proceedings and process. There was abundant evidence to sustain this conclusion. The defendant’s wife swore, that some persons called liim “Isaac,” and. although she could *277not recollect any particular person who did so in her presence, the value of her testimony was not thereby destroyed. The defendant admitted to the deputy-sheriff that his name was Isaac. He stated, when served with the summons, that his name…
2Cases cited4 opinions
- Farnham v. HildrethNew York Supreme Court · 1860
- Griswold v. SedgwickNew York Supreme Court · 1826
- Gurnsey v. LovellNew York Supreme Court · 1832
- Mead v. HawsNew York Supreme Court · 1827
3Cited by2 opinions
- McNeal v. Hayes Machine Co.Appellate Division of the Supreme Court of the State of New York · 1907
- People ex rel. Aldhouse v. McCarthyNew York Supreme Court · 1903