Grocers' Bank v. Murphy
New York Court of Common Pleas
Appeal from an order of • this court denying a motion, made in proceedings supplementary to execution, to compel a judgment debtor to apply certain property to the satisfaction of the judgment.' The plaintiff recovered a judgment against the defendant on the 18th February, 1880, and execution was immediately issued to the sheriff of the City and County of New York, where the defendant resided.
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Appeal from an order of • this court denying a motion, made in proceedings supplementary to execution, to compel a judgment debtor to apply certain property to the satisfaction of the judgment.' The plaintiff recovered a judgment against the defendant on the 18th February, 1880, and execution was immediately issued to the sheriff of the City and County of New York, where the defendant resided. Subsequently, the plaintiff, proceeding under subdivision 2 of section 292 of the Code of Procedure, procured an order, upon the usual affidavit, requiring the defendant to appear before one of the…
1Opinion of the CourtBeach, J.
If the judgment debtor is alleged to have property which he unjustly refuses to apply towards the satisfaction of the judgment, the statute provides this mode of inquiry, and upon the fact appearing, the judge may order it applied, if not exempt from execution, and not earnings necessary for a family wholly or in part supported by the debtor’s labor. If, therefore, the seat in the Stock Exchange is property, the plaintiff has a right to its application. The learned justice below held it was not, and his conclusion is supported by statements contained in opinions given by the courts of a…
2Cited by7 opinions
- Platt v. . JonesNew York Court of Appeals · 1884
- Habenicht v. LissakCalifornia Supreme Court · 1889
- Empire Monument Co. v. LewisAppellate Division of the Supreme Court of the State of New York · 1937
- Leggett v. WallerNew York Supreme Court · 1902
- Londheim v. WhiteCity of New York Municipal Court · 1884
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