Niver v. . Crane
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made' September 6, 1882, which affirmed a judgment in favor of the plaintiff, entered upon a decision of the court on trial at Special Term.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made' September 6, 1882, which affirmed a judgment in favor of the plaintiff, entered upon a decision of the court on trial at Special Term. The complaint in this action alleged an indebtedness from the defendant Melville to the plaintiff, accruing before the 4th of June, 1869, for which he recovered judgment on the 16th of April, 1881, in the sum of $1,982.60. It was.duly docketed, and after the return of an execution unsatisfied this action was commenced. As ground for…
1Opinion of the CourtDanfobth, J.
We are referred to no principle of equity upon which the relief sought by the plaintiff can, under the circum.stances of this case, be given. A judgment creditor’s action, whether instituted under the provision of the Revised Statutes (Vol. 2, tit. 2, part 3, chap. 1, art. 2) or the Code of Civil Procedure (Tit. 4, art. 1, chap. 15), can reach only property belonging to, or things in action due to, the judgment debtor,"or held in trust for him. If either statute goes further. Here the sole fact on which the plaintiff relies is the alleged payment of consideration by his debtor for property…
2Cases cited5 opinions
- Garfield v. . HatmakerNew York Court of Appeals · 1857
- Wood v. . RobinsonNew York Court of Appeals · 1860
- Jackson ex dem. Erwin v. MooreNew York Supreme Court · 1827
- Rogers v. MurrayNew York Court of Chancery · 1831
- Jackson v. MorseNew York Supreme Court · 1819
3Cited by14 opinions
- Decker v. . DeckerNew York Court of Appeals · 1888
- Barger v. BargerOregon Supreme Court · 1897
- Hughes v. HelzerOregon Supreme Court · 1947
- Schierloh v. . SchierlohNew York Court of Appeals · 1895
- Woerz v. . RademacherNew York Court of Appeals · 1890
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