Clarke v. Larremore
Supreme Court of the United States
CERTIORARI TO THE OÍROUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. On January 23,1899, the petitioner, the owner of certain notes of Raymond W. Kenney, commenced an action thereon in the Supreme Court of the State of New York. On March 6, 1899, he recovered judgment for the sum of $20,906.66. An execution, issued thereon, was by the sheriff of the county of New York levied upon a stock of goods and fixtures belonging to Kenney.
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CERTIORARI TO THE OÍROUIT COURT OF APPEALS FOR THE SECOND CIRCUIT. On January 23,1899, the petitioner, the owner of certain notes of Raymond W. Kenney, commenced an action thereon in the Supreme Court of the State of New York. On March 6, 1899, he recovered judgment for the sum of $20,906.66. An execution, issued thereon, was by the sheriff of the county of New York levied upon a stock of goods and fixtures belonging to Kenney. A sheriff’s sale thereof, had on March 15, 1899, realized $12,451.09. Shortly after the levy" of the execution Leon Abbett sued out in the sapie court a writ of…
1Opinion of the CourtJustice Beewee
The contention of the petitioner is that—
“ The sheriff having sold the goods levied on before the filing of the petition in bankruptcy, the proceeds of the sale were the property of the plaintiff in execution, and not of the bankrupt, at the time of the adjudication, and the trustee, therefore, has no title to the same.”
This contention cannot be sustained. The judgment in favor of petitioner against Kenney was not like that in Metcalf v. Barker, 187 U. S. 165, one giving effect to a lien theretofore existing, but one which with the levy of an execution issued thereon created the lien; and as…
2Cases cited6 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- The Kingston Bank v. . EltingeNew York Court of Appeals · 1869
- Marsteller v. FawU.S. Circuit Court for the District of District of Columbia · 1803
- Wehle v. . ConnerNew York Court of Appeals · 1880
- Baker v. . KenworthyNew York Court of Appeals · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- Straton v. NewSupreme Court of the United States · 1931
- Taubel-Scott-Kitzmiller Co. v. FoxSupreme Court of the United States · 1924
- Clarke v. LarremoreSupreme Court of the United States · 1903
- Connell v. WalkerSupreme Court of the United States · 1934
- Fischer v. Pauline Oil & Gas Co.Supreme Court of the United States · 1940
63 more not listed; retrieve them via the Exa API.