Walker v. Cram
Appellate Terms of the Supreme Court of New York
Appeal by Norman S. Walker, Jr., the above-named third party directed to appear for examination, from an order of the City Court of the city of New York, denying his motion to vacate or modify the order of his examination, which order was made in proceedings supplementary to execution in an action in which one Murphy was plaintiff and Jacob Cram defendant.
1Opinion of the CourtGerard, J.
At the instigation of another judgment creditor, a receiver has been appointed for Jacob Cram, and it is claimed by the appellant that, first, the third party cannot be examined in this proceeding, because in another proceeding at the instigation of another judgment creditor- a receiver has been appointed ; and, second, that some years ago this same third party was examined at the instigation of the particular creditor in this proceeding at bar, and that, therefore, no second examination can be had.
It is not denied that the action in which the receiver has been appointed for the judgment…
2Cases cited1 opinion
- Steinmann v. ConlonAppellate Division of the Supreme Court of the State of New York · 1912