Stow v. Chapin
New York Supreme Court
Appeal from special term, Hew York county. Action by William L. Stow against Howell Osborne, Edwin S. Chapin, and John W. Sterling, to enforce two judgments against defendant Osborne upon the income of a fund in the hands of his co-defendants, as trustees. Plaintiff moved for an injunction pendente lite to restrain the defendant trustees from paying over any of said money to said Osborne, and from an order denying such injunction plaintiff appeals.
1Opinion of the CourtVan Brunt, P. J.
On the 11th of February, 1888, two judgments were entered in favor of the plaintiff against the defendant Howell Osborne for the amount of $60,000. Such judgments were entered upon a publication of the summons exclusively. Said Howell Osborne never appeared in any way, and no attachments were ever issued therein against the property of the defendant. Executions having been issued to the sheriff, and returned unsatisfied, this action was commenced in the nature of a creditor’s bill to reach a certain provision which had been made for him by his father. This provision was a gift to his trustees…
2Cited by7 opinions
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- Brown v. SteckLerNorth Dakota Supreme Court · 1918
- Howard v. LeonardAppellate Division of the Supreme Court of the State of New York · 1896
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