Legal Opinion

Krone v. Klotz

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1896PublishedCited by 15 opinions

Appeal "by Frederick Beltz, a third party in the action, from so much of an order of the Court of Common Pleas for the city and county of New York, entered in the office of the clerk of said court on the 21st day of November, 1895, as directs him to pay over to the sheriff of the city and county of New York, in. ■partial satisfaction of a judgment recovered by the plaintiff against the defendant, a sum of money in Ms hands alleged to belong to the judgment debtor.

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Appeal "by Frederick Beltz, a third party in the action, from so much of an order of the Court of Common Pleas for the city and county of New York, entered in the office of the clerk of said court on the 21st day of November, 1895, as directs him to pay over to the sheriff of the city and county of New York, in. ■partial satisfaction of a judgment recovered by the plaintiff against the defendant, a sum of money in Ms hands alleged to belong to the judgment debtor. The order appealed from was made in proceedings supplementary lo an execution issued upon' a judgment recovered in this action.…

1Opinion of the Court

Williams, J.:

It seems to be conceded by the counsel for the respondent that if there was a substantial dispute as to the ownership of the $200, the order appealed from was improperly granted under section 2447, Code of Civil Procedure, and this is true. Wherever such dispute-exists in good faith the court cannot settle such dispute in supplementary proceedings, but should leave the parties to their action.. (Rodman v. Henry, 17 N. Y. 482; West Side Bank v. Pugsley, 47 id. 368 ; Barnard v. Kobbe, 54 id. 516 ; Waldron v. Walker, 43 N. Y. St. Repr. 605,)

The fact of ownership should be clearly…

2Cases cited3 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. In the Matter of H____, an AttorneyNew York Court of Appeals · 1882
  3. Rodman v. . HenryNew York Court of Appeals · 1858

3Cited by15 opinions

  1. In re the Final Judicial Settlement of the Account of Proceedings of SmithAppellate Division of the Supreme Court of the State of New York · 1906
  2. Maas v. McEntegartAppellate Terms of the Supreme Court of New York · 1897
  3. Shea v. LynskeyAppellate Terms of the Supreme Court of New York · 1912
  4. Broderick v. ArchibaldAppellate Division of the Supreme Court of the State of New York · 1901
  5. Hexter v. Pennsylvania RailroadAppellate Division of the Supreme Court of the State of New York · 1899

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