First National Bank v. . Shuler
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered September 11, 1895, which affirmed a judgment in favor of the plaintiff entered upon the report of a referee, with a notice of intention to bring np for review an interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the General Term of the Supreme Court in the third judicial department, entered September 11, 1895, which affirmed a judgment in favor of the plaintiff entered upon the report of a referee, with a notice of intention to bring np for review an interlocutory judgment. The nature of the action and the facts, so far as material, are stated in the opinion. The interlocutory judgment was erroneous and should be reversed so far as it appoints a receiver of the real and personal property of the original defendant, Isaac 0. Shuler, and directs defendants Elizabeth N. Shuler…
1Opinion of the Court
Andrews, Oh. J.
We think the proceedings and judgment in this case are fatally defective for the omission of the plaintiff to bring in and make the defendant Elizabeth N. Shuler a party defendant in the action, in her capacity as executrix of the original defendant, Isaac C. Shuler. The action was in the nature of a creditor’s bill, instituted by the plaintiff as a judgment creditor of Isaac G. Shuler before his death, and after the issuing and return of an execution against his property unsatisfied, to set aside a general assignment for the benefit of creditors, made by the judgment debtor to…
2Cases cited14 opinions
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- Buffington v. HarveySupreme Court of the United States · 1877
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- Brown v. . NicholsNew York Court of Appeals · 1870
- Rathbone v. . HooneyNew York Court of Appeals · 1874
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