In re Gough
Appellate Division of the Supreme Court of the State of New York
Appeal by the judgment debtors, Douglass R. Satterlee and Elizabeth II. Satterlee, as composing the firm of D. R. Satterlee & Company, as trustees of an express fund, from an order of the Supreme Court, made at the blew York Special Term and entered in the office of the clerk of the county of Hew York on the 27th day of April, 1898, denying the said judgment debtors’ motion to vacate an order for their examination in proceedings supplementary to execution.
1Opinion of the Court
Per Curiam :
Upon the granting of the order to show cause in this case the following opinion was delivered by Mr. Justice Pryor : “ The judgment is against the defendants as trustees, and the object of the proposed examination is to reach a fund deposited with them for satisfaction of the judgment. A supplementary proceeding is a substitute for a creditor’s bill (Pope v. Cole, 64 Barb. 406), and the case authorizes such a bill. (Code, § 1871.) It is objected that a supplementary proceeding is not available against a trustee, but the adjudications cited for the contention do not support it. In…
2Cases cited3 opinions
- Lynch v. . JohnsonNew York Court of Appeals · 1871
- Collins v. BeebeNew York Supreme Court · 1889
- Pope v. ColeNew York Supreme Court · 1872
3Cited by1 opinion
- Brown v. FletcherDistrict Court, S.D. New York · 1917