The Superior Court of New York City December 1, 1879 (Heim v. Davenport)

By the Court.—Freedman, J.

This case presents a contention between creditors of the insolvent firm of Davenport & Co., for the proceeds of goods of the firm sold on execution by James S. Davenport.

*524It is quite plain that the plaintiff originally commenced the action as a judgment and execution creditor, upon the theory that the judgment of James I.