Patten v. Connah
New York Court of Common Pleas
Appeal from a judgment of the Marine Court. This action was'brought to recover the sum of $570, claimed to be due from the defendant, under an order made in supplementary proceedings by a justice of the Supreme Court. The plaintiff had obtained a judgment against one Crane, for about $1400; after the return of execution unsatisfied, the plaintiff, under § 294 of the Code, examined the defendant as the debtor of Crane.
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Appeal from a judgment of the Marine Court. This action was'brought to recover the sum of $570, claimed to be due from the defendant, under an order made in supplementary proceedings by a justice of the Supreme Court. The plaintiff had obtained a judgment against one Crane, for about $1400; after the return of execution unsatisfied, the plaintiff, under § 294 of the Code, examined the defendant as the debtor of Crane. On that examination she admitted she owed Crane for rent $570, and to which she had no set-off or claim. The judge, by order, directed the amount acknowledged by her to be due…
1Opinion of the Court
By the Court.*— Daly, J.
—This is an appeal from the Marine Court, in a suit brought by the plaintiff upon an order of a justice of the Supreme Court in proceedings supplementary to execution ; in which proceedings the defendant, Connah, was examined as a debtor of Crane, the judgment-debtor, and on such examination admitted that she owed Crane for rent the sum of $570 to which she had no set-off or claim. The judge, under | 297, ordered her to -pay the aniount to Patten towards satisfaction of liis judgment, and having refused to do so, Patten supposes he has a right to bring a suit upon this…
2Cited by2 opinions
- Burke v. BurkeNew York Supreme Court · 1899
- McCrea v. CookNew York Marine Court · 1879