Lawrence v. Pease
New York Supreme Court
Appeal from special term, Westchester county. Action by William F. Lawrence and another against Frederick L. Pease. Plaintiffs had judgment, and in proceedings supplementary to-execution James M. Hunt, trustee under the will of Rosena Pease, deceased, in whose hands was money belonging to defendant as legatee, was ordered to pay the judgment' from such money, from which, and an order denying a motion to vacate the same, defendant appeals. Affirmed.
Read the full summary
Appeal from special term, Westchester county. Action by William F. Lawrence and another against Frederick L. Pease. Plaintiffs had judgment, and in proceedings supplementary to-execution James M. Hunt, trustee under the will of Rosena Pease, deceased, in whose hands was money belonging to defendant as legatee, was ordered to pay the judgment' from such money, from which, and an order denying a motion to vacate the same, defendant appeals. Affirmed. Pursuant to an order under" Code Civil Proc. § 2432, subd. 8, providing for proceedings supplementary to execution by “an order, made after the…
1Opinion of the CourtPratt, J.
The order of May 28th, requiring payment to the judgment creditor, was justified by the papers before the. court. Nothing in the testimony tended to show that the title to the fund was in the •trustee, or that it was not properly subject to the proceeding. The •order as made was therefore proper. The application upon further papers to vacate the order of May 28th was addressed to the favor of 'the court, and was properly denied. The judgment debtor had enjoyed his day in court, and, under the circumstances of the order being exe•cuted, a rehearing would not have been in the interest of…
2Cited by2 opinions
- Murphy v. BusickIndiana Court of Appeals · 1899
- McNaboe v. MarksNew York Supreme Court · 1906