Roberts v. Albany & West Stockbridge Rail Road
New York Supreme Court
APPEAL from a judgment entered upon the report of a referee. F. T. Hayes and others, having obtained a judgment against John Rutter, filed a creditor’s bill against him on the 1st of November, 1842, and obtained an injunction restraining him from disposing of his property. A receiver was also appointed. On the 24th of November, 1842, Rutter made the usual assignment of his property to the receiver.
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APPEAL from a judgment entered upon the report of a referee. F. T. Hayes and others, having obtained a judgment against John Rutter, filed a creditor’s bill against him on the 1st of November, 1842, and obtained an injunction restraining him from disposing of his property. A receiver was also appointed. On the 24th of November, 1842, Rutter made the usual assignment of his property to the receiver. Rutter, at the time of the filing of the creditor’s bill, had a claim against the defendants. In December, 1844, the receiver demanded payment from the defendants of the sum claimed, and having…
1Opinion of the Court
By the Court, Mitchell, P. J.
As soon as the judgment creditor’s suit was instituted, the plaintiffs in that suit obtained a lien on all the choses in action of Rutter. All the title he had was subject to that lien ; all that he could pass was subject to it. When the receiver was appointed (whether Rutter assigned to him or not) he acquired the title to those choses in action, which Rutter had when the action was commenced. In contemplation of law the title vested in the court when the action was commenced, and passed as from that date, to the receiver. The right of Rutter or his creditors,…
2Cited by8 opinions
- King v. GoodwinIllinois Supreme Court · 1889
- Preston-Parton Milling Co. v. Dexter Horton & Co.Washington Supreme Court · 1900
- In re CloverAppellate Division of the Supreme Court of the State of New York · 1896
- Paddock-Hawley Iron Co. v. McDonaldMissouri Court of Appeals · 1895
- Gooding v. KingAppellate Court of Illinois · 1889
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