Wheeler v. Wright
New York Supreme Court
Motion to compel one Eben Wheeler to pay the costs awarded to 'defendants. This action was brought by John R. Wheeler, receiver, against Mehemiah Wright and William G. Wright, to set aside a conveyance of real property.
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Motion to compel one Eben Wheeler to pay the costs awarded to 'defendants. This action was brought by John R. Wheeler, receiver, against Mehemiah Wright and William G. Wright, to set aside a conveyance of real property. Eben Wheeler had recovered a judgment against Mehemiah Wright, upon which an execution had been issued to the proper county, and returned unsatisfied, and an order for examination in supplementary proceedings made by a justice of this court, and the judgment-debtor examined. In the course of the examination, the debtor disclosed the conveyance of certain real estate to his…
1Opinion of the CourtJohnson, J.
If this motion can be granted, it must be upon the ground that Eben Wheeler, the judgment-creditor, was beneficially interested in the recovery in the action. It must be conceded that had the plaintiff succeeded in the action, the recovery would have been for the exclusive benefit of the judgment-creditor. But this is not enough to charge a person not a party with the costs of the action. The statute (2 Rev. Stat., 619, § 44 ; 5 ed., 3 Ib., 909, § 10) relates only to actions “ brought in the name of another, by an assignee of any right of action, or by any person beneficially interested in…
2Cases cited1 opinion
- Giles v. . HalbertNew York Court of Appeals · 1854
3Cited by2 opinions
- McCarthey v. WrightNew York Supreme Court · 1890
- Merceron v. FowlerThe Superior Court of New York City · 1880