Guggenheimer v. Stevens
City of New York Municipal Court
Motion by Randolph Guggenheimer to have certain moneys applied to a judgment recovered by him. It appeared that Guggenheimer had, in May, 1877, recovered a judgment against defendant, Mark S. Stevens, and also in December, 1887, another judgment, of which William H. Moynan is the assignee. In 1884 defendant inherited an interest in land from his mother, and in August, 1886, supplementary proceedings were begun on Guggenheimer’s judgment.
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Motion by Randolph Guggenheimer to have certain moneys applied to a judgment recovered by him. It appeared that Guggenheimer had, in May, 1877, recovered a judgment against defendant, Mark S. Stevens, and also in December, 1887, another judgment, of which William H. Moynan is the assignee. In 1884 defendant inherited an interest in land from his mother, and in August, 1886, supplementary proceedings were begun on Guggenheimer’s judgment. In February, 1887, supplementary proceedings were commenced on the Moynan judgment, and Frank E. Smith appointed receiver of the judgment debtor, and…
1Opinion of the CourtMcAdam, C. J.
Surplus moneys arising from the sale of real estate are,
for the purpose of determining the priority of the liens thereon, regarded as the land from which the fund emanated. Such liens are transferred from the land to the surplus, and the moneys must be applied to the discharge of such liens according to their priority. Averill v. Loucks, 6 Barb. 470; Matthews v. Duryee, 45 Barb. 69, 17 Abb. Pr. 256; Blydenburgh v. Northrop, 13 How. Pr. 289. So considered, the judgment recovered by the plaintiff, being prior in time, is prior in right, notwithstanding the order appointing the receiver. Bank v.…
2Cases cited6 opinions
- Chautauque County Bank v. . RisleyNew York Court of Appeals · 1859
- Averill v. LoucksNew York Supreme Court · 1849
- Matthews v. DuryeeNew York Supreme Court · 1864
- Banks v. PotterNew York Court of Common Pleas · 1861
- Blydenburgh v. NorthropNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.