Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York (Volume 11)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1897. Excerpt: ... App. Div. Fourth Department, December Term, 1896. appointed in supplementary proceedings under the Code, is thereby vested with the title to all the personal property of the judgment debtor, whether in his own hands or in the hands of others. According to the tenor of the opinion delivered, when the case of Merry v. Wilcox was considered in 92 Hun (supra), the receiver was defeated as to Green on the single ground that he had become, according to the testimony produced, a purchaser in good faith under the chattel mortgage prior to the attaching of the lien in behalf of the receiver. Appellant calls our attention to Camming, as Receiver, v. Egerton (9 Bosw. 684). The question in that case arose upon a motion in an action brought by a receiver against a third party, and the question was as to the rule as to costs where the action was brought unsuccessfully against a third parry; there is nothing in the case which is helpful to the appellant in the case here before us. It is suggested by the appellant that the receiver and his attorneys tried to make all the costs they could in litigation for the judgment creditor when the judgment creditor was abundantly secured. In answer to that suggestion it may be said that the debtor himself was defiant of the creditor and of the receiver and his attorneys, and apparently resorted to extraordinary means, not to say fraudulent practices, to prevent the collection of the judgment, and brought upon himself the litigation and expenditures which are disclosed in the appeal book, and he is not in a position to successfully charge the receiver or his attorneys with fraudulent practices. The debtor evidently conceived the idea that he could defeat the judgment creditor and all efforts put forth in his behalf to collect the...