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MATTER OF MAWHINNEY-WAACK v. PHILIP

200 Misc. 800 (1951)

In the Matter of Mawhinney-Waack, Inc., Judgment Creditor, v. R. Alan Philip, Judgment Debtor.

Supreme Court, Special Term, Onondaga County.

January 29, 1951.

Attorney(s) appearing for the Case

Wilfreda Stone for judgment creditor.

Thomas B. Preston for judgment debtor.

Raymond Barth for Merchants National Bank and Trust Company.

George M. Penney and Robert G. Iles for Mutual Benefit Life Insurance Company.

MALPASS, J.

This is an application under section 794 of the Civil Practice Act for an order directing the payment to the judgment creditor of money claimed to be due or to become due to the judgment debtor.

The affidavits show that the judgment debtor and his wife are the owners of certain real property located in the Town of Lysander, this county, and that the Mutual Benefit Life Insurance Company holds...

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