Rigney v. Tallmadge
New York Supreme Court
Appeal from an order of the special term vacating an execution issued by the plaintiff’s attorney, and also a levy made thereunder on certain real estate by the Sheriff of Albany County. The action was brought by Rigney, in behalf of himself and all other creditors of certain alleged insolvent partnerships, who should come in and contribute to the expenses of the suit, to set aside a sale and assignment of property of the firm to the respondent Tallmadge.
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Appeal from an order of the special term vacating an execution issued by the plaintiff’s attorney, and also a levy made thereunder on certain real estate by the Sheriff of Albany County. The action was brought by Rigney, in behalf of himself and all other creditors of certain alleged insolvent partnerships, who should come in and contribute to the expenses of the suit, to set aside a sale and assignment of property of the firm to the respondent Tallmadge. The cause was tried at Special Term before Justice Sutherland, and judgment rendered for the plaintiff. Rigney’s individual claim was only…
1Opinion of the CourtClerke, J.
The issuing of the execution was inconsistent with the whole tenor of the judgment. The receiver acquired title to all the property convéyed to Tallmadge; he alone can enforce the judgment.
The order should be affirmed, with costs.
2Cited by1 opinion
- Earl v. BrewerAppellate Division of the Supreme Court of the State of New York · 1936