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Patten v. Connah
13 Abb. Pr. 418
New York Court of Common Pleas
1861
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By the Court.*— Daly, J.

—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.

Judgment affirmed.

Present, Daly, Brady, and Hilton, JJ.

Case Details

Case Name: Patten v. Connah
Court Name: New York Court of Common Pleas
Date Published: Oct 15, 1861
Citation: 13 Abb. Pr. 418
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