Miller v. Hall
The Superior Court of New York City
Appeal from a judgment. The action was to reach the proceeds of a mortgage on real property. The complaint alleged the recovery of a judgment against one Amanda M. Senior, the mother of the defendant; the issuing and return of an execution unsatisfied ; and the appointment of the plaintiff as receiver of the judgment debtor.
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Appeal from a judgment. The action was to reach the proceeds of a mortgage on real property. The complaint alleged the recovery of a judgment against one Amanda M. Senior, the mother of the defendant; the issuing and return of an execution unsatisfied ; and the appointment of the plaintiff as receiver of the judgment debtor. It is then alleged that prior to the recovery of the judgment the said Amanda M. Senior owned and possessed a certain bond and a mortgage for ten thousand dollars on real estate in New York, which, without consideration, she had assigned and transferred to Amanda M. Hall,…
1Opinion of the Court
By the Court.—Monell, Ch. J.
An examination of the question involved in the motion to dismiss the complaint, has satisfied me that Mrs. Senior is a necessary and proper party to the action.
The object of the action is to reach the proceeds of the assigned mortgage in the hands of the defendant, and is in the nature of a creditors’ bill to compel a discovery of property belonging to the judgment debtor or held in trust for her.
Under the law as it existed before the Code, in an action of this kind, the judgment debtor was a necessary party (2 R. S. 178, § 88 ; Edmeston v. Lyde, 1 *267Paige, 637; Boyd…
2Cases cited3 opinions
- Edmeston v. LydeNew York Court of Chancery · 1829
- Fellows v. FellowsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Wallace & La Tourette v. EatonNew York Supreme Court · 1850