Legal Opinion

Ward v. Baker

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

Decided March 7, 1919PublishedCited by 3 opinions

Appeal by Artemas Ward, judgment creditor, from an order of the County Court of Richmond county, entered in the office of the clerk of said county on the 26th day of October, 1918, directing the distribution of funds in the receiver’s hands among six judgment creditors of one Thomas Baker. . These creditors had served on the judgment debtor orders for his examination on the following dates: Smith Premier Typewriter Company, February 13, 1909; Artemas Ward; June 21, 1909;…

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Appeal by Artemas Ward, judgment creditor, from an order of the County Court of Richmond county, entered in the office of the clerk of said county on the 26th day of October, 1918, directing the distribution of funds in the receiver’s hands among six judgment creditors of one Thomas Baker. . These creditors had served on the judgment debtor orders for his examination on the following dates: Smith Premier Typewriter Company, February 13, 1909; Artemas Ward; June 21, 1909; Florence M. Hagely, October 25, 1909; Oliver Typewriter Company, November 12, 1909; Monarch Typewriter Company, January…

1Per curiam

The order under review ranks the creditors, after the Smith Premier Company, according to the times when the receivership was extended to their judgments. The receiver’s title, however, now extends back to the date of the service of the order for the debtor’s examination. (Code Civ. Proc. § 2469.)

A receiver takes the legal title to the personal property of the judgment debtor for the benefit of the judgment creditors for whom he is appointed receiver and of other judgment creditors to whose judgments the receivership may be extended. (Kennedy v. Thorp, 51 N. Y. 174; Matter of Walker, 157 App.…

2Cases cited2 opinions

  1. Kennedy v. . ThorpNew York Court of Appeals · 1872
  2. Walker v. CramAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by3 opinions

  1. In re McAllisterCourt of Appeals for the Second Circuit · 1925
  2. In re the Estate of KaufmanNew York Surrogate's Court · 1933
  3. First National Bank v. LovellNew York Supreme Court · 1931

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