Legal Opinion

Columbian Institute v. Cregan

City of New York Municipal Court

Decided October 9, 1886Published

The defendant was examined under an order in supplementary proceedings granted herein on the 8th day of March, 1886, and the plaintiff now moves for an order directing the defendant to pay the judgment out of an installment of salary due him October 1, 1886, as clerk of the sixth district court, or (2) for an order appointing a receiver and directing the defendant to pay said judgment in installments from his salary as he receives it, until the judgment is paid.

1Opinion of the Court

McAdam, Ch. J.

These proceedings are statutory and operate on property which the debtor has at the time the order is obtained (Potter v. Low, 16 How. Pr., 549; and cases cited under § 2447 of Bliss’ Code), and do not affect property acquired afterwards (Merriam v. Hill, 1 Weekly Dig., 260, and cases cited), and the receiver becomes vested from the time of his appointment (Code, § 2468), with the property which the debtor had at the time the proceedings were commenced (Dubois v. Cassidy, 75 N. Y., 302), but gets -no title to property which the debtor acquires subsequently. Thorn v. Fellows, 5…

2Cases cited8 opinions

  1. Bliss v. . LawrenceNew York Court of Appeals · 1874
  2. West Side Bank v. . PugsleyNew York Court of Appeals · 1872
  3. Dubois v. . CassidyNew York Court of Appeals · 1878
  4. Potter v. LowNew York Supreme Court · 1858
  5. Caton v. SouthwellNew York Supreme Court · 1851

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