Spencer v. Richmond
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Mary E. Richmond and Michael Donovan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 19th day of June, 1899, upon the decision of the court rendered after a trial at the Monroe Special Term, directing .the defendants to account and pay over to the plaintiff, as receiver of the property ■of Frances R. Donovan, $500, or so much thereof as may be necessary to satisfy his…
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Appeal by the defendants, Mary E. Richmond and Michael Donovan, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 19th day of June, 1899, upon the decision of the court rendered after a trial at the Monroe Special Term, directing .the defendants to account and pay over to the plaintiff, as receiver of the property ■of Frances R. Donovan, $500, or so much thereof as may be necessary to satisfy his judgment as such receiver, and costs.
1Opinion of the Court
Hardin, P. J. :
The plaintiff was appointed receiver in supplementary proceedings after the return of an execution on a judgment recovered by Robert F. and Newton L. Hendee against Frances R. Donovan on August 20, 1898. . The judgment debtor in July, 1888, owned a farm, which, on that day, she conveyed to her sister, Mrs. Richmond, to whom.she was indebted in about, the sum of $1,000. The farm was conveyed subject to certain incumbrances existing thereon.
On the 13th of May, 1898, the defendant Richmond sold the farm and received therefor $1,500 over and. above the incumbrances thereon, and…
2Cases cited4 opinions
- Horn v. . KeteltasNew York Court of Appeals · 1871
- Bork v. . MartinNew York Court of Appeals · 1892
- Crouse v. . FrothinghamNew York Court of Appeals · 1884
- Mooney v. ByrneAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Turner v. NewberryCourt of Appeals of Kentucky · 1915