Lopez v. Kellogg
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, L. Laflin Kellogg and others, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 23d day of August, 1901, denying the said defendants’ motion to have certain additional parties made defendants.
1Opinion of the Court
Hatch, J.:
There is no substantial dispute of facts affecting the rights of the respective parties. The defendants Del Genovese and Towle as copartners had a claim against the Third Avenue Railroad Company and recovered judgment thereon for the sum of $31,880.61, which sum was paid over to the attorneys, Kellogg, Rose et al., and such attorneys now admit having in their possession the sum of $12,575.37.
The plaintiff holds two assignments against this fund, amounting in the aggregate to $5,834.51. There are also in existence other parties holding two other assignments prior in point of time to…
2Cases cited3 opinions
- Niles v. Martin Mathusa & Hinckel Brewing Co.New York Court of Appeals · 1900
- Steiner v. East River Savings InstitutionAppellate Division of the Supreme Court of the State of New York · 1901
- Montague v. Jewelers & Tradesmen's Co.Appellate Division of the Supreme Court of the State of New York · 1899