Alexander v. Richardson
The Superior Court of New York City
Motion for an order directing a debtor of a judgment debtor to pay to the judgment creditor so much of his indebtedness as will be sufficient to satisfy the judgment creditor’s claim.
1Opinion of the CourtJones, J.
The power given by section 297 of the Code, to order a third person indebted to a judgment debtor to pay to the judgment creditor so much of such indebtedness, as shall be sufficient to satisfy the judgment creditor’s claim, is one which should be exercised with great caution. It should never be exercised where the amount of the indebtedness due from the third person is either disputed or uncertain ; or where there is any doubt as to the pecuniary ability of the third person to make present payment.
In the present case, the same witness, (the judgment debtor,) who shows the indebtedness of the…
2Cited by6 opinions
- Terzia v. the Grand LeaderSupreme Court of Louisiana · 1932
- Salter v. WalsworthLouisiana Court of Appeal · 1936
- Pleasants v. DunkinTexas Supreme Court · 1877
- Succession of HickmanSupreme Court of Louisiana · 1858
- Factors' & Traders' Insurance v. DeBlancSupreme Court of Louisiana · 1879
1 more not listed; retrieve them via the Exa API.