Anthony v. . Wood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of defendants Bowe and others, entered upon a decision of the court on trial at Special Term ; also appeal from a portion of said order, which affirmed an order of Special Term, allowing said defendant Bowe to come in and defend.
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Appeal from judgment of the General Term of the Supreme Court, in the second judicial department, entered upon an order made February 13, 1883, which affirmed a judgment in favor of defendants Bowe and others, entered upon a decision of the court on trial at Special Term ; also appeal from a portion of said order, which affirmed an order of Special Term, allowing said defendant Bowe to come in and defend. (Reported below, 29 Hun, 239.) This action was for the foreclosure of a mortgage executed by defendants Wood and others to John P. Brooks to secure a note, and by him assigned to the…
1Opinion of the CourtFinch, J.
If one proposition of the respondents is sound it settles in their favor every serious question raised on this appeal. That proposition is, that under the existing provisions of the Code of Civil Procedure, a promissory note is made property capable of manual delivery, which may be levied upon so as to effect a lien upon the debt which it represents by taking it into the officer’s actual custody, and that he may protect and defend that levy and lien by assailing as fraudulent a previous assignment or transfer to a third party. Hnder the earlier provisions of the Code, a levy upon property…
2Cases cited4 opinions
- Thurber v. . BlanckNew York Court of Appeals · 1872
- Rinchey v. . StrykerNew York Court of Appeals · 1863
- Knickerbocker Life Ins. Co. v. . NelsonNew York Court of Appeals · 1879
- Bills v. . National Park Bank of N.Y.New York Court of Appeals · 1882
3Cited by40 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Steelman v. All Continent Corp.Supreme Court of the United States · 1937
- Herrmann & Grace v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909
- Throop Grain Cleaner Co. v. . SmithNew York Court of Appeals · 1888
- Warner v. Fourth National BankNew York Court of Appeals · 1889
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