Ward v. . Petrie
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 3, 1896, affirming a judgment of the County Court of Jefferson county in favor of the plaintiff entered upon a verdict, and an order denying a motion for a new trial.
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Appeal from a judgment of the late General Term of the Supreme Court in the fourth judicial department, entered January 3, 1896, affirming a judgment of the County Court of Jefferson county in favor of the plaintiff entered upon a verdict, and an order denying a motion for a new trial. On the 16th of August, 1893, one Jesse Peed commenced an action in the Supreme Court against the defendant Herman Petrie to recover the sum of $600, for work performed by said Peed as a farm laborer upon the farm of said Petrie. Issue having been joined in said action it was tried on the 15th of February, 1894,…
1Opinion of the CourtVann, J.
This action is an excursion by a receiver into a new field. It is an action at law brought by the plaintiff, as receiver in supplementary proceedings,' to recover damages from the judgment debtor and another for a fraudulent conspiracy to prevent the collection of the judgment creditor’s debt, which, although in existence, was not in judgment at the time the conspiracy was formed and executed. As the authority of the plaintiff to maintain such an action is challenged, it becomes necessary to examine the statute authorizing his appointment and governing his powers.
The Code of Civil Procedure,…
2Cases cited17 opinions
- Adler v. FentonSupreme Court of the United States · 1861
- McCorkle v. . HerrmanNew York Court of Appeals · 1889
- Van Pelt v. . McGrawNew York Court of Appeals · 1850
- Bank of Havana v. . MageeNew York Court of Appeals · 1859
- Mandeville v. . AveryNew York Court of Appeals · 1891
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3Cited by61 opinions
- Klopstock v. Superior CourtCalifornia Supreme Court · 1941
- Community Board 7 v. SchafferNew York Court of Appeals · 1994
- Stephens v. . Meriden Britannia Co.New York Court of Appeals · 1899
- United States v. Association of American RailroadsDistrict Court, D. Nebraska · 1945
- Reynolds v. . Aetna Life Ins. Co.New York Court of Appeals · 1899
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