Brady Coal & Ice Co. v. McAteer

Appellate Division of the Supreme Court of New York

Brady Coal & Ice Co. v. McAteer

254 A.D. 776, 4 N.Y.S.2d 744, 1938 N.Y. App. Div. LEXIS 7564

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 27, 1938

StatusPublished

This text of 254 A.D. 776 (Brady Coal & Ice Co. v. McAteer) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Brady Coal & Ice Co. v. McAteer, 254 A.D. 776, 4 N.Y.S.2d 744, 1938 N.Y. App. Div. LEXIS 7564 (N.Y. Ct. App. 1938).

Pincite

Opinion

Order denying application of the receiver of: the judgment creditor to be appointed receiver of the judgment debtor in supplementary proceedings reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted that Thomas F. English be appointed receiver as to the interests and property of the judgment debtor in the estate of Annie M. Brady, deceased. There is not sufficient showing as to the facts in relation to the Patrick Brady estate to warrant the appointment of a receiver as to any interest that the judgment debtor may have therein. If such property is reached it must be by another action or proceeding. The rights of the receiver will, of course, be subject to the order of distribution of the Surrogate’s Court. Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur.

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Order denying application of the receiver of: the judgment creditor to be appointed receiver of the judgment debtor in supplementary proceedings reversed on the law and the facts, with ten dollars costs and disbursements, and the motion granted that Thomas F. English be appointed receiver as to the interests and property of the judgment debtor in the estate of Annie M. Brady, deceased. There is not sufficient showing as to the facts in relation to the Patrick Brady estate to warrant the appointment of a receiver as to any interest that the judgment debtor may have therein. If such property is reached it must be by another action or proceeding. The rights of the receiver will, of course, be subject to the order of distribution of the Surrogate’s Court. Lazansky, P. J., Hagarty, Carswell, Davis and Taylor, JJ., concur.

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Bluebook (online)

254 A.D. 776, 4 N.Y.S.2d 744, 1938 N.Y. App. Div. LEXIS 7564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brady-coal-ice-co-v-mcateer-nyappdiv-1938.