In re the General Assignment for the Benefit of Creditors of Heights Promenade, Inc.

The assignee for the benefit of creditors seeks an order vacating a marshal’s notice of levy and sale and directing the marshal to pay the sum paid by the assignee under protest. The facts are as follows:

The assignor (judgment debtor) was engaged in the restaurant business. On September 14,1950, the judgment creditor obtained a judgment against the assignor in the Municipal Court and on that date issued an execution to a city marshal. On September 15, 1950, the city marshal proceeded to the place of business of the judgment debtor for the purpose of making a levy and on arrival found the door…