Legal Opinion

Heroy v. Gibson

The Superior Court of New York City

Decided December 20, 1862PublishedCited by 3 opinions

Appeal from an order denying a motion for the appointment of a Receiver. The plaintiffs having recovered a judgment against the defendant for $218.90, and having issued execution, which was returned unsatisfied, instituted supplementary proceedings against him.

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Appeal from an order denying a motion for the appointment of a Receiver. The plaintiffs having recovered a judgment against the defendant for $218.90, and having issued execution, which was returned unsatisfied, instituted supplementary proceedings against him. Upon his examination he testified that he owned a lease of ten lots of land on the northeast corner of Broadway and Thirteenth street, in this city, for a term of 20 years from May 1,1860, at a ground rent of $8,000 a year for the first ten years, and of $12,000 for the last ten years, and taxes, upon a part of which he had erected a…

1Opinion of the Court

By the Court—Monell, J.

The examination of the judgment debtor disclosed property sufficient to satisfy the judgment, but it was a chattel interest in real estate, subject to levy and sale under an execution, (Averill v. Taylor, 8 N. Y. R., [4 Seld.,] 44; 2 R. S., 367, § 24,) and the question arises whether it was proper to appoint a Receiver of property which could be reached and sold under an execution.

The execution had been returned by the Sheriff wholly unsatisfied, and the order for the examination of the judgment debtor was therefore properly made.

The proceeding supplementary to an…

2Cases cited4 opinions

  1. Wilder v. KeelerNew York Court of Chancery · 1831
  2. Griffin v. DominguezThe Superior Court of New York City · 1853
  3. State of Pennsylvania v. WHEELING AND BELMONT BRIDGE CO.Supreme Court of the United States · 1851
  4. Parker v. MooreNew York Court of Chancery · 1838

3Cited by3 opinions

  1. Sabin v. AndersonOregon Supreme Court · 1897
  2. Towne v. CampbellSupreme Court of Minnesota · 1886
  3. Dilling, Baker & Co. v. FosterSupreme Court of South Carolina · 1884

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