The law and practice in proceedings supplementary to execution; Under the New York code, and adapted to all the other states having similar practice, including decisions to July, 1886

by Daniel S. Riddle

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. 1886 Excerpt: ...tort may be reached and applied to the payment of a judgment against the owner of it. Davenport v. WHAT PROPERTY MAY BE REACHED. 289 Ludlow, 3 Code R., 66; Crouch v. Gridley, 6 /////, 250. The judgment debtor's interest in an estate as next of kin could be reached by a creditor's bill. McArthur v. Hoysradt, n Paige, 495. Supplementary proceeding is the proper remedy to reach a distributive share of the judgment debtor in the hands of an administrator. Rand v. Rand, 78 N. C., 12. So his interest in a partnership after the payment of the firm debts and satisfaction of all prior equities in favor of the other partners might be reached. Eager v. Price, 2 Id., 333. The same may be done in supplementary proceedings. Webb v. Overmann, 6 Abb., 92. Claims and choses in action may be reached by supplementary proceedings. Fowler v. Griffin, 83 Ind., 297. A judgment recovered by an administrator upon a note belonging to the estate, and with which he was charged on the final settlement, belongs to him, and may be reached in these proceedings. In like manner, where one had made advances and, incurred liabilities to enable a debtor to carry on a business, without any benefit to himself, but under an agreement that he should, as security for such advances, have the control and disposition of the property thus acquired, such property, while in the debtor's possession, was held liable to be taken for his debts under a creditor's bill. Taylor v. Perkins, 26 Wend., 124. See also Levy v. Cavanagh, 2 Bosw., 100, as to the effect upon the title to money which a customer of a judgment debtor permits him to mingle with his own money on the sale of property for him. Money due from boarders may be reached by these proceedings. Whalen v. Tennison, i TV. Y. M. L. Bull., 21, N. Y. Super...

182 pages, Paperback

First published February 12, 2013