McCarty v. Light
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur S. Light, from an order of the Supreme Court, made at the Monroe Special Term and entered in the office of the clerk of the county of Monroe on the 23d day of September, 1912, granting leave to Edward A. McCarty, as ancillary executor, etc., of Edward McCarty, the above plaintiff, deceased, to issue execution upon the judgment obtained in the above-entitled action.
1Opinion of the Court
Kruse, J.:
The order from which the appeal is taken permits an execution to be issued upon the judgment recovered by the plaintiff against the defendant, and the question is whether in view of the defendant’s discharge in bankruptcy and the proving in the bankruptcy proceedings of the debt upon which the judgment was recovered, the lien of the judgment survived, notwithstanding it was recovered within four months before the filing of the petition in bankruptcy by the defendant and the adjudication of the defendant as a bankrupt in the Eedéral court. The Special Term held that the lien of the…
2Cases cited3 opinions
- McKenney v. CheneySupreme Court of Georgia · 1903
- Frazee v. NelsonMassachusetts Supreme Judicial Court · 1901
- Cook v. FarringtonMassachusetts Supreme Judicial Court · 1870
3Cited by7 opinions
- Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940
- Bank of New York v. NiesAppellate Division of the Supreme Court of the State of New York · 1983
- Kirkholder & Rausch Co. v. BridglandNew York Supreme Court · 1923
- California Joint Stock Land Bank v. GoreOregon Supreme Court · 1936
- Lawrence Savings & Trust Co. v. John B. Thorson Co.Supreme Court of Pennsylvania · 1934
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