Knapp v. Scanlin
New York County Court, Saratoga County
Application by a receiver in supplementary proceedings for an order directing the payment to Mm by Henry H. Lyman, State Commissioner of Excise, of the amount of the rebate of liquor tax certificate No. 18,602, issued to defendant June 14, 1900.
1Opinion of the CourtBockwood, J.
Joseph P. Brennan, as receiver in supplementary proceedings of T. Bernard Scanlin, judgment debtor, makes application in this action for an order directing the payment to him by Henry H. Lyman, State Commissioner of Excise, of the amount of the rebate of liquor tax certificate No. 18,602, issued to said defendant on June 14,1900. The motion is opposed upon the grounds that the court has not jurisdiction, and that where the title to the money or to the right of possession thereof is substantially disputed, as is claimed here, an order cannot be made requiring payment or delivery to a receiver.…
2Cases cited5 opinions
- Niles v. Martin Mathusa & Hinckel Brewing Co.New York Court of Appeals · 1900
- People Ex Rel. Miller v. . LymanNew York Court of Appeals · 1898
- Northam v. Dutchess County Mutual InsuranceNew York Court of Appeals · 1901
- Herman v. GoodsonCity of New York Municipal Court · 1896
- People ex rel. Ging v. LymanAppellate Division of the Supreme Court of the State of New York · 1899