Garden v. Garden
New York Supreme Court
Action brought by a receiver" in sequestration proceedings, appointed in a matrimonial action, to restrain payment to the husband of a legacy, accruing since the order of sequestration and in the hands of the defendant executors; the wife being made a co-plaintiff with the receiver. Issues of law upon demurrer to complaint.
1Opinion of the CourtBischoff, J.
The action is, I think, properly brought by the wife to enjoin the payment of the legacy in question to any person other than the receiver appointed in sequestration proceedings, and to obtain a judgment directing payment to the receiver.
The fact that the plaintiff’s claim is founded not upon a judgment, but upon an order for alimony, is immaterial/ as I view the case.
The wife does not seek a transfer to herself, as a creditor; her *98interest is based upon the order of the court whereby all the personal property of the husband is impounded, and to protect that interest the judgment of a court…
2Cases cited6 opinions
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
- Foster v. . TownshendNew York Court of Appeals · 1877
- McKernan v. . RobinsonNew York Court of Appeals · 1881
- Dunham v. FitchAppellate Division of the Supreme Court of the State of New York · 1900
- White v. GeraerdtNew York Court of Chancery · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- In re the Estate of BerkowitzNew York Surrogate's Court · 1939