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Bloomingdale v. Richardson

140 App. Div. 350 (N.Y. App. Div. 1910)
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Bloomingdale v. Richardson

1 Citing case

  1. Matter of Royal Bank

    140 App. Div. 480 (N.Y. App. Div. 1910)

    Both executions must find their justification, if any, in the provisions of section 1391 of the Code of Civil Procedure. The execution in favor of Crowell was issued March 2, 1910, while another similar execution in favor of one M.H. Vogel was outstanding and unsatisfied. For the reasons stated in Bloomingdale v. Richardson ( 140 App. Div. 350), decided herewith, the execution in favor of Crowell was unwarranted and voidable. It is urged that the objection, while it would have been good if taken by the judgment debtor, cannot be availed of by a junior judgment creditor. This contention is untenable.