Palmer v. Colville
New York Supreme Court
Appeal from special term, Hew York county. Action by Albert M. Palmer, as receiver of the property, property rights, and things in action of Bartley Campbell, against David P. Colville and Charles L. Webster, as executors of the last will and testament of Samuel Colville, deceased, Emeline Colville, J. Wesley Bosenquest.'and Edward G-. Gilmore, for satisfaction of an equitable lien upon a lease. Erom a judgment dismissing the complaint plaintiff appeals.
1Opinion of the CourtO’Brien, J.
The plaintiff brought this action, alleging himself to be a receiver appointed in supplementary proceedings, to procure satisfaction of an alleged equitable lien impressed upon a lease of property in this city; to-to have himself declared entitled to the possession thereof, together with the books, papers, and contracts connected therewith; and to have defendants account and pay over all moneys that may be found due to the judgment debtor. It will be seen that the action was brought not only to enforce a lien as against real estate, but also involved the right of the plaintiff to recover…
2Cases cited1 opinion
- Wright v. . NostrandNew York Court of Appeals · 1883
3Cited by3 opinions
- Herlihy v. WatkinsAppellate Division of the Supreme Court of the State of New York · 1937
- Lisner v. ToplitzAppellate Division of the Supreme Court of the State of New York · 1903
- Roosevelt Hospital v. New York El. R. R.New York Supreme Court · 1892