Legal Opinion

Harvey v. Raynor

City of New York Municipal Court

Decided October 15, 1900PublishedCited by 2 opinions

Appeal from an order of the Special Term, granting the right to interplead a receiver appointed by the Supreme Court in a proceeding supplementary to an execution issued upon as judgment recovered in that court against one Otto Rice. He had been lessee of the greenhouses of Julia A. Germond and sold cut flowers from them.

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Appeal from an order of the Special Term, granting the right to interplead a receiver appointed by the Supreme Court in a proceeding supplementary to an execution issued upon as judgment recovered in that court against one Otto Rice. He had been lessee of the greenhouses of Julia A. Germond and sold cut flowers from them. After she sold him out under the judgment referred to in the opinion, the plaintiff leased the greenhouses of her and shipped cut flowers from them, referred to in the opinion as merchandise,” to the defendant, who sold them for the plaintiff on commission.

1Opinion of the CourtConlan, J.

It appears that one Julia A. Germond, on February 5, 1900, recovered a judgment against one Otto Rice, in the Supreme Court of Rockland county, on which a sale was had under an execution and the plaintiff in that action became the purchaser at such sale of the business of Otto Rice, and of the lease of the premises held by him, and subsequently leased the same to the plaintiff in this action. At the time the plaintiff acquired the business and the lease, notice was given to the defendant Raynor of the change, and he subsequently paid the proceeds of sale to him down to about March 20, 1900,…

Also in this document: Concurrence.

2Cited by2 opinions

  1. Marcus v. AufsesCity of New York Municipal Court · 1902
  2. Brown v. GuerinCity of New York Municipal Court · 1937

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