Patten v. Connah

Decided October 15, 1861

New York Court of Common Pleas · decided 1861-10-15

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.

Cited by 2 later decisions — most recently June 1899

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-10-15

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By the Court.*— Daly, J.

¶1—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 order, in the nature of an action of assumpsit. We think not; and that a receiver of Crane’s property must be appointed, and the suit brought by him against Connah.

¶2Judgment affirmed.

¶3 Present, Daly, Brady, and Hilton, JJ.