Holbrook v. Orgler
The Superior Court of New York City
Appeal from a judgment dismissing the complaint. On July 21, 1874, John Pullman and Samuel C. Pullman recovered in the marine court of the city of Mew York, a judgment in their favor against said Herman Ahrensdorf for the sum of two hundred and eighteen dollars and thirty-two cents, and filed and docketed a transcript of said judgment in the office of the clerk of the city and county of Mew York, where said Ahrensdorf then resided, and issued an execution against the…
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Appeal from a judgment dismissing the complaint. On July 21, 1874, John Pullman and Samuel C. Pullman recovered in the marine court of the city of Mew York, a judgment in their favor against said Herman Ahrensdorf for the sum of two hundred and eighteen dollars and thirty-two cents, and filed and docketed a transcript of said judgment in the office of the clerk of the city and county of Mew York, where said Ahrensdorf then resided, and issued an execution against the property of said Ahrensdorf to the sheriff of the city and county of Mew York, where said Ahrensdorf then resided, directing…
1Opinion of the Court
By the Court.—Curtis, J.
The proposition contended for by the appellants is substantially this, that after issuing and before the return of an execution upon an affidavit that any person has property of the judgment debtor or is indebted to him in an amount exceeding ten dollars, a judge may appoint a receiver of all the property, debts, equitable interests, rights and choses in action of the judgment debtor, with all the powers of a receiver to take possession, hold and dispose of the same, precisely as though appointed under a creditor’s bill, or in proceedings supplementary to execution…
2Cases cited4 opinions
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Kemp v. HardingNew York Supreme Court · 1849
- Darrow v. LeeNew York Court of Common Pleas · 1863
- Wegman v. ChildsNew York Supreme Court · 1864