Conger v. Sands
The Superior Court of New York City
On the 24th day of November, 1858, Randolph and others commenced an action in the supreme court, as judgment creditors of Sands and Paradise, to set aside an assignment made by Sands and Paradise to one John Dean, for the benefit of their creditors, and enjoined the assignor and assignee from disposing of any of the property of Sands and Paradise; and on the lYth day of December,• 1858, obtained the appointment of Luther R. Marsh, Esq., as receiver of the assigned and other…
Read the full summary
On the 24th day of November, 1858, Randolph and others commenced an action in the supreme court, as judgment creditors of Sands and Paradise, to set aside an assignment made by Sands and Paradise to one John Dean, for the benefit of their creditors, and enjoined the assignor and assignee from disposing of any of the property of Sands and Paradise; and on the lYth day of December,• 1858, obtained the appointment of Luther R. Marsh, Esq., as receiver of the assigned and other effects of the judgment debtors. On the 30th day of November, 1858, two other actions were commenced in the same court…
1Opinion of the Court
Robertson, Justice.
I do not think the applicant in this case has obtained any lien on the funds in the hands of the receiver appointed in the actions brought to set aside the assignment made by the defendant, Sands & Paradise, to John Dean. As against all the world except creditors, proceeding directly to attack such assignment, John Dean is the owner of such assets, and the receiver is bound to pay them to him, unless a creditor intervene and commence a suit to vacate the assignment as against him.
The plaintiff, Conger, has only obtained such a lien as proceedings in a supplementary…
2Cases cited2 opinions
- Edmonston v. . McLoudNew York Court of Appeals · 1858
- People ex rel. McCune v. Board of Police for the Metropolitan Police DistrictNew York Supreme Court · 1858
3Cited by2 opinions
- Feldenheimer v. TresselSupreme Court Of The Territory Of Dakota · 1889
- Metcalf v. Del ValleNew York Supreme Court · 1892