In re Braue
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. In the matter of the application of John D. Braue, judgment creditor, in proceedings supplementary to execution on a judgment recovered by him, as plaintiff, against John J. Fogarty, judgment debtor, defendant.
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Appeal from City Court of New York, Special Term. In the matter of the application of John D. Braue, judgment creditor, in proceedings supplementary to execution on a judgment recovered by him, as plaintiff, against John J. Fogarty, judgment debtor, defendant. From an order denying the motion of Lucille Pugh, receiver of the judgment debtor, to vacate an order which granted permission to Anna G. Fogarty to take such legal proceedings as may be necessary for the purpose of foreclosing a chattel mortgage given by the judgment debtor, including taking possession of the property included, said…
1Opinion of the CourtLehman, J.
On the 14th day of December, 1910, an order was made appointing Lucille Pugh receiver of the property of John J. Fogarty. The receiver took possession of the property, including certain chattels covered by a chattel mortgage then past due. On January 6, 1911, the receiver was authorized and directed to commence an action to have this chattel mortgage adjudged fraudulent and void. On February 1, 1911, and before that action was commenced, the owner of the chattel mortgage applied to the court and obtained an order, without notice to the receiver, granting her “permission to take such legal…
2Cases cited5 opinions
- Noe v. GibsonNew York Court of Chancery · 1839
- In re ThompsonAppellate Division of the Supreme Court of the State of New York · 1896
- In re Commercial BankAppellate Division of the Supreme Court of the State of New York · 1898
- Levy v. StanionAppellate Division of the Supreme Court of the State of New York · 1898
- In re Commercial BankAppellate Division of the Supreme Court of the State of New York · 1898