Rodman v. . Henry
New York Court of Appeals
. Appeal from the Supreme Court. One Genet having recovered judgment against the defendant, he was examined upon proceedings supplementary to execution before the county judge of Queens county, and Rodman the appellant was appointed receiver of his property.
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. Appeal from the Supreme Court. One Genet having recovered judgment against the defendant, he was examined upon proceedings supplementary to execution before the county judge of Queens county, and Rodman the appellant was appointed receiver of his property. Upon his examination the defendant stated that he was in the possession of certain personal property belonging to a Mrs. Prince; that the property having formerly belonged to him, he had mortgaged it to Mrs. Prince, who had taken possession of it under the chattel mortgage, and had kept possession thereof, at No. 113 Chambers-street,…
1Opinion of the Court
Johnson, Oh. J.
Without considering whether the order appealed from is subject to review in this court, or whether the receiver is a proper appellant, I am of opinion that' the decision of the Supreme Court at the general term was correct. Upon proceedings supplementary to execution, under the Cpde, the judge has power to order any property of the judgment debtor, in the hands of himself or any other person, to be applied towards the satisfaction of the judgment. (§ 297.) But if it appear that a person alleged to have property of the judgment debtor claims an interest in the property adverse…
2Cited by24 opinions
- Kenney v. South Shore Natural Gas & Fuel Co.New York Court of Appeals · 1911
- Wright v. . CabotNew York Court of Appeals · 1882
- Noble v. Thompson Oil Co. ex rel. BrownSupreme Court of Pennsylvania · 1875
- Krone v. KlotzAppellate Division of the Supreme Court of the State of New York · 1896
- Duffy v. DawsonNew York Court of Common Pleas · 1893
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