Legal Opinion

Patten v. Carley

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1902PublishedCited by 3 opinions

Appeal by the defendant, Francis D. Carley & Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the officé of the clerk óf the county of Rings on the • 31st day of October, .1901, substituting the respondent Ferdinand H. Wismer,- as trustee in bankruptcy'of Francis D. Carley, bankrupt, as the .party plaintiff in this action in the place and stead of George D. Patten, the original plaintiff. ■ .

1Opinion of the Court

Willard Bartlett, J.:

This is a judgment creditor’s suit by George D. Patten against Francis D. Carley, Francis D. Carley.& Company, Mary G. C. Carley. and seven other defendants, composing the firm of Evarts, Choate & Beaman, to procure a judgment that certain notes, securities, claims and property in their hands should be declared to be the property of the judgment debtor Francis D. Carley, and, further, to procure the appointment of a receiver who should pay the plaintiff’s judgment out of the proceeds of such property. The action was commenced on September 19,1900. • Within less than two…

2Cited by3 opinions

  1. Thomas v. RoddyAppellate Division of the Supreme Court of the State of New York · 1907
  2. Florence Trading Corp. v. RosenbergCourt of Appeals for the Second Circuit · 1942
  3. Ninth National Bank v. MosesNew York Supreme Court · 1903

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