Legal Opinion

Phillips v. . Wheeler

New York Court of Appeals

Decided October 3, 1876PublishedCited by 6 opinions

Appeal from order of the General Term of the Supreme' Court in the second judicial department, affirming an order of Special Term, which directed George Lamoree, late sheriff of Dutchess county, to pay over to the owners of a judgment obtained by Charles Cornwall against the defendants herein, the proceeds of certain personal property belonging to their firm which had been levied upon and sold by said sheriff:, by virtue of several executions.

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Appeal from order of the General Term of the Supreme' Court in the second judicial department, affirming an order of Special Term, which directed George Lamoree, late sheriff of Dutchess county, to pay over to the owners of a judgment obtained by Charles Cornwall against the defendants herein, the proceeds of certain personal property belonging to their firm which had been levied upon and sold by said sheriff:, by virtue of several executions. (Mem. of decision below, 2 Hun, 603.) The motion was made by said sheriff:, in Dutchess county; all of the judgments upon which the executions in the…

1Opinion of the CourtEarl, J.

On the 16th day of October, 1867, plaintiff recovered judgment by default against Wheeler, Smith and Phillips, the defendants, upon claims alleged to be due from them jointly as a film. Hpon that judgment execution was issued and delivered to Lamoree,. sheriff of Dutchess county, October 30, 1867. On the next day, in an action commenced against the same firm to recover a firm debt by Charles Cornwall, an attachment was issued against the property of the firm and delivered to the same sheriff. On the last named day the sheriff seized and attached all the property of the defendant in his…

2Cited by6 opinions

  1. Forest Hill Cemetery Ass'n v. SullivanAppellate Division of the Supreme Court of the State of New York · 1932
  2. Wilson v. DreyerAppellate Division of the Supreme Court of the State of New York · 1901
  3. Buckley v. SharpeNew York Supreme Court · 1921
  4. Curtis v. GreeneNew York Supreme Court · 1882
  5. In re MottNew York Supreme Court · 1885

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