W. & J. Sloane v. Tiffany
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term. Action by W. & J. Sloane against Burnett Y. Tiffany. From an order vacating an order under which a special execution was issued, plaintiff appeals. Affirmed.
1Opinion of the CourtPatterson, J.
The plaintiff, a creditor of the defendant, recovered a judgment “wholly for necessaries sold by it to the defendant,” and an execution was issued against the defendant’s property, and was returned unsatisfied. Thereafter it made an application to the court for leave to issue an execution under section 1391 of the Code of Civil Procedure, and it was shown that the defendant, the judgment debtor, was in receipt of an income from a trust fund created by the will of his father; that the income from such *150trust fund amounted to $18,000 a year. The trustees, who were also the executors of the will…
2Cases cited2 opinions
- Neuman v. MortimerAppellate Division of the Supreme Court of the State of New York · 1904
- Roberts v. MackAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by2 opinions
- Bayliss v. RyanNew York County Court, Erie County · 1909
- Brearley School, Ltd. v. WardAppellate Terms of the Supreme Court of New York · 1910