In re Drake
Appellate Division of the Supreme Court of the State of New York
Appeal by the petitioner, James A. Drake, from an order of the County Court of Steuben county, entered in the office of the clerk of said county on the 4th day of December, 1911, denying upon the merits the petitioner’s application for an order directing payment of his judgment against Charles Barry, an incompetent person, and sustaining preliminary objections to the application interposed by Albert L. Sullivan, as committee.
1Opinion of the Court
Robson, J.:
The facts stated in the moving papers were in no manner disputed, or questioned, on the hearing of the application, and assuming, as we must, the truth of these statements we are of the opinion that petitioner’s application was improperly denied.
On the 27th day of July, 1898, the petitioner duly recovered a judgment in the Supreme Court of this State, on personal service of process, against Charles Barry, and it was duly entered in the proper clerk’s office. An execution, duly issued, was returned unsatisfied; and the judgment still remains wholly unpaid. Barry was duly adjudged to…
2Cases cited5 opinions
- Gutta Percha & Rubber Manufacturing Co. v. MayorNew York Court of Appeals · 1888
- In re HopperNew York Court of Chancery · 1835
- Holland v. . GroteNew York Court of Appeals · 1908
- Kent v. WestAppellate Division of the Supreme Court of the State of New York · 1898
- Williams v. Estate of CameronNew York Supreme Court · 1857
3Cited by1 opinion
- In re WarrenAppellate Division of the Supreme Court of the State of New York · 1924