Ritterband v. Baggett
The Superior Court of New York City
Receiver’s motion to compel debtor to assign. Macaulay & Co., on April 16,1874, recovered a judgment; against the defendant Baggett for the sum of $2,408.60, and issued execution thereon, which was returned unsatisfied, and supplementary proceedings were instituted, resulting in the discovery of the property sought to be reached by these proceedings.
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Receiver’s motion to compel debtor to assign. Macaulay & Co., on April 16,1874, recovered a judgment; against the defendant Baggett for the sum of $2,408.60, and issued execution thereon, which was returned unsatisfied, and supplementary proceedings were instituted, resulting in the discovery of the property sought to be reached by these proceedings. The plaintiff, on July 17,1874, was duly appointed receiver, and all the personal property capable of manual delivery which the defendant Baggett then had, was transferred in title to the receiver excepting such property as is exempt by law from…
1Opinion of the CourtSpeir, J.
The appointment of the plaintiff as receiver of Baggett, made in the supplemental proceedings under the Code, vested in him the legal title to all the personal property of Baggett. By force of the statute, Code 298, the receiver of the judgment debtor is subject to the direction and control of the court in which the judgment was obtained upon which the proceedings are founded. This action was commenced by leave granted by this court, and the receiver’s appointment confers upon him the right to compel a discovery on defendant’s oath of all his property.
I am of the opinion that the seat in the…
2Cases cited1 opinion
- Nichols v. EatonSupreme Court of the United States · 1875
3Cited by5 opinions
- Empire Monument Co. v. LewisAppellate Division of the Supreme Court of the State of New York · 1937
- Meier v. WilkensAppellate Division of the Supreme Court of the State of New York · 1897
- Leggett v. WallerNew York Supreme Court · 1902
- Londheim v. WhiteCity of New York Municipal Court · 1884
- Roome v. SwanCity of New York Municipal Court · 1888