Beardsley v. Stone Valley Distilling Co.
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Special Term. Supplementary proceedings by William H. Beardsley against the Stone Valley Distilling Company. From an order refusing to vacate an order for examination of the judgment debtor, it appeals.
1Opinion of the CourtBijur, J.
The order for the examination of the judgment debtor was granted on an affidavit of one Lewis, who avers that he is an “attorney associated with” the attorneys for the plaintiff judgment creditor.
The judgment creditor is the only person who, under sections 2435 and 2436 of the Code, is entitled to the order ; and the affidavit, if made by a person other than himself, must show authority to act, unless it be made by his attorney, in which case authority will be presumed. Citing Miller v. Adams, 52 N. Y. 409; Title Guarantee & Trust Co. v. Brown, 121 N. Y. Supp. 891. ■ In the latter case, the…
2Cases cited3 opinions
- Miller v. . AdamsNew York Court of Appeals · 1873
- Brown v. WalkerNew York Supreme Court · 1889
- Title Guarantee & Trust Co. v. BrownAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by2 opinions
- Eyre v. StubbertNew York Supreme Court · 1911
- In re Weil, New York County Courts1922