Majority
p. 174WOOD v. FURTICK. (City Court of New York, General Term. March 16, 1896.) Argued before FITZSIMQNS and O’DWYER, JJ.
Headnote
Attachment—Of Debt. A debt payable out of the state from a nonresident to a nonresident cannot be attached within the state.Appeal from special term.
Action by George It. Wood against Irving Furtick, a nonresident. From an order made on the motion of Lawrence Godkin, appearing as attorney for defendant and his assignee for the benefit of creditors, vacating levies of attachment on claims for insurance money against certain foreign insurance companies for losses sustained by the burning of defendant’s property in South Carolina, plaintiff appeals.
Affirmed.
The opinion of Justice Stover, rendered in another similar case between the same parties in the supreme court, is as follows:
The attempted levy upon the debt due from the insurance company was ineffectual to create a lien upon the debt by virtue of the attachment, the creditor (the insurance company) and the debtor being nonresident, and the debt not payable within the jurisdiction. Douglass v. Insurance Co., 138 N. Y. 209 , 33 N. E. 938 . The assignee is entitled to have the attempted levy set aside in order to relieve his property from the cloud and embarrassment created by it. Plimpton v. Bigelow, 93 N. Y. 592 .
JBaggott & Ryall, for appellant.
Lawrence Godkin, for respondent.
For the reasons assigned by Justice Stover, the special term justice was right in vacating the levies under the warrant of attachment granted herein, and this order must be affirmed, with costs.
Cases cited
- Douglass v. Phenix Insurance 138 N. Y. 209 p. 174
- Plimpton v. Bigelow 93 N. Y. 592 p. 174