Wilkinson v. Raymond
Appellate Division of the Supreme Court of the State of New York
Appeal by Robert H. Gould, trustee in bankruptcy of H. Willard Raymond, bankrupt, from so much of an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 11th day of November, 1902, as provides that the said trustee j>ay to the sheriff of Orange county his fees on an attachment made herein, and also from an order entered in said clerk’s office on the 18th day of November, 1902, as amended by an…
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Appeal by Robert H. Gould, trustee in bankruptcy of H. Willard Raymond, bankrupt, from so much of an order of the Supreme Court, made at the Orange Special Term and entered in the office of the clerk of the county of Orange on the 11th day of November, 1902, as provides that the said trustee j>ay to the sheriff of Orange county his fees on an attachment made herein, and also from an order entered in said clerk’s office on the 18th day of November, 1902, as amended by an order entered in said clerk’s office on the 1st day of December, 1902, vacating said attachment.
1Opinion of the Court
Jenks, J.:
The action was begun in July, 1902, and an attachment was issued therein, under which the sheriff of Orange county seized and still holds vehicles and horses. On September 11, 1902, on a petition duly filed in a bankruptcy court, the defendant was adjudged a bankrupt, and on September twenty-third Mr. Gould was appointed and qualified as his trustee in bankruptcy. On October 28, 1902, *379the trustee obtained an order in this action that the plaintiff and the sheriff show cause why the attachment should not be vacated and set aside on the grounds that the action was on a simple contract…
2Cases cited4 opinions
- Conner v. LongSupreme Court of the United States · 1881
- Kidder v. . HorrobinNew York Court of Appeals · 1878
- Woodruff v. Imperial Fire Insurance Co. of London, EnglandNew York Court of Appeals · 1882
- Duffield v. . HortonNew York Court of Appeals · 1878
3Cited by3 opinions
- Rinehart & Dennis Co. v. BrownSupreme Court of Virginia · 1923
- In re Famous Furniture Co.District Court, E.D. New York · 1942
- Martin v. BerwickAppellate Terms of the Supreme Court of New York · 1913