Sinnott v. First Nat. Bank
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. To a judgment in favor of Joseph F. Sinnott, as surviving partner of Moore & Sinnott, against Henry Sammis, the plaintiff instituted supplementary proceedings against the First National Bank of Hempstead, as a party indebted to the judgment debtor. He obtained an order discontinuing the proceedings, and the judgment debtor moved to compel the plaintiff’s attorney to file the same. Motion was denied, and the judgment debtor appeals.
1Opinion of the CourtCullen, J.
The plaintiff recovered a judgment against one ' Henry Sammis for a sum of money. He issued an execution to the sheriff of Queens county. Subsequently he instituted supplementary proceedings against the First National Bank of Hempstead, as a third party, indebted to the judgment debtor. Prior to the time of the commencement of these proceedings, the judgment debtor had paid the sheriff the amount due on the judgment, though of this, fact the plaintiff’s attorney was ignorant. On discovering that the judgment was paid, he obtained an order discontinuing the proceedings. The judgment debtor…
2Cases cited4 opinions
- Gibson v. . HaggertyNew York Court of Appeals · 1868
- Savage v. RelyeaNew York Supreme Court · 1848
- Matthews v. HendryAppellate Division of the Supreme Court of the State of New York · 1898
- In re GagnonAppellate Division of the Supreme Court of the State of New York · 1898