Goodyear v. Betts & Smith
New York Supreme Court
Motion for a receiver. The complaint alleges that the plaintiffhas recovered a judgment against the defendant Betts, upon which an execution has been issued and returned unsatisfied; that Betts, having been extensively engaged in business, had acquired a large amount of property, and that sundry persons had become indebted to him, and that on the 12th of January 1852, and before the recovery of the plaintiff’s judgment, he assigned all his property and effects to the…
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Motion for a receiver. The complaint alleges that the plaintiffhas recovered a judgment against the defendant Betts, upon which an execution has been issued and returned unsatisfied; that Betts, having been extensively engaged in business, had acquired a large amount of property, and that sundry persons had become indebted to him, and that on the 12th of January 1852, and before the recovery of the plaintiff’s judgment, he assigned all his property and effects to the defendant Smith, for the benefit of creditors; and that Smith now claims to hold the property so assigned, in trust for the…
1Opinion of the Court
Harris, Justice.
A question has been made whether a judgment creditor can, under the present practice, when the property of his debtor is in the hands of a third person, and is claimed by such third person, reach such property by an action brought directly for that purpose. The 299th section of the Code declares that when a person alleged to have property of a judgment debtor, claims an interest in such property, it shall be recoverable only in an action against such person by the receiver. It has been supposed that this provision rendered it necessary for the creditor, before proceeding to…
2Cited by4 opinions
- Hammond v. Hudson River Iron & Machine Co.New York Supreme Court · 1855
- Finch v. FlanaganAppellate Division of the Supreme Court of the State of New York · 1924
- Ryan v. MaxeyMontana Supreme Court · 1894
- Catlin v. DoughtyNew York Supreme Court · 1856