Lathrop v. . Clapp
New York Court of Appeals
Appeal from an order of the .General Term of the fourth district, affirming. an order of the Special- Term, punishing the defendants as for a contempt.
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Appeal from an order of the .General Term of the fourth district, affirming. an order of the Special- Term, punishing the defendants as for a contempt. The plaintiffs recovered a judgment against Marvin W. Clapp, and, after the return of an execution unsatisfied, they instituted proceedings supplementary to execution, under section 292 of the Code; and, upon the usual order- in such cases being made and served upon the defendants, the matter was referred to Edgar Hall, Esq., as referee, to .examine the said Marvin D. Clapp and take his answers on oath concerning his property, &c., and also to…
1Opinion of the CourtMason, J.
I am of opinion, in this case, that the order of the Supreme Court can be affirmed without passing upon the question whether a witness, who is examined on proceedings under section 292 of the Code, can he required to give evidence as to the consideration and good faith of a transfer of property to him after he has sworn there has been such a transfer made to him, and he is in possession and claims title.
These witnesses entirely refused to state what property this debtor had at the time, or what had become of it, or whether they knew anything about it, or whether they had received any of it,…
2Cited by29 opinions
- Richard v. McNairSupreme Court of Florida · 1935
- General Guaranty Insurance Co. of Fla. v. DaCostaDistrict Court of Appeal of Florida · 1966
- Commonwealth Ex Rel. Chidsey v. MallenSupreme Court of Pennsylvania · 1948
- LaFontaine v. Southern Underwriters Ass'nSupreme Court of North Carolina · 1880
- In re HanburyAppellate Division of the Supreme Court of the State of New York · 1914
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