W. & J. Sloane v. Tiffany
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, W. & J. Sloane, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 2d day of February, 1905, vacating and setting aside an order theretofore entered in the action under which special execution was issued.
1Opinion of the Court
Patterson, J.:
The plaiptiff, a creditor of the defendant, recovered a judgment “ wholly for necessaries sold” by it to the defendant, and an execution was issued against the defendant’s property and was returned unsatisfied. Thereafter it made an application to the court for leave to issue an execution under section 1391 of the Code of Civil Procedure and it was shown that the defendant, the judgment debtor, was in receipt of an income from a trust fund created by the *541will of his father; that the income from such trust fund, amounted to §18,000 a year; the trustees, who were also the…
2Cited by5 opinions
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- Siegel v. GussowAppellate Division of the Supreme Court of the State of New York · 1917