McMahon v. Shary
Appellate Terms of the Supreme Court of New York
Appeal by the judgment debtor from an order of the City Court of the city of Hew York granting permission to Charles A. Brady, receiver, to make application to the Supreme Court, Hew York county, for substitution as plaintiff in the case of Adolph J. Shary, plaintiff,' against the Rainier Motor Car Company and granting permission to the said receiver to bring an action against the judgment debtor and his transferee, the Saratoga Auto Top and Body Company, and others, to set…
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Appeal by the judgment debtor from an order of the City Court of the city of Hew York granting permission to Charles A. Brady, receiver, to make application to the Supreme Court, Hew York county, for substitution as plaintiff in the case of Adolph J. Shary, plaintiff,' against the Rainier Motor Car Company and granting permission to the said receiver to bring an action against the judgment debtor and his transferee, the Saratoga Auto Top and Body Company, and others, to set aside a transfer of property made by the judgment debtor as in fraud of his creditors.
1Opinion of the CourtGiegerich, J.
The order appealed from is assailed on the ground that notice of motion was not given to the Sara-toga Auto Top and Body Company, the transferee of the judgment debtor, whom the receiver desires to sue.
In support of such contention it is urged by the judgment debtor that the party to be sued ought to be notified, so that he can. in due time show to the court that the receiver has no cause of action and that there is no probability of a successful issue.
As a general proposition this is undoubtedly true (People v. Life Union, 84 Hun, 560) ; but, in its application to this case, it is merely…
2Cases cited2 opinions
- Baker v. Van EppsNew York Supreme Court · 1880
- Branch v. HarringtonNew York Supreme Court · 1875