Castriotis v. . Guaranty Trust Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1920, which affirmed an order of Special Term denying a motion to overrule a demurrer to the amended complaint and for judgment on the pleading and sustaining said demurrer.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered January 23, 1920, which affirmed an order of Special Term denying a motion to overrule a demurrer to the amended complaint and for judgment on the pleading and sustaining said demurrer. The Appellate Division certifies the following question: “ Does the amended complaint state facts herein sufficient to constitute a cause of action? ” The complaint sets forth the following: The copartnership of A. C. Castriotis-Kontos & Co., whose members are two of the plaintiffs in…
1Opinion of the CourtElkus, J.
The defendant, notwithstanding the levy and attachment, refused to pay over or deliver the interest of said Chryssomallos in the warehouse receipt to the sheriff and sold the tobacco, delivered the warehouse receipt and refused to account to the sheriff for the interest of Chryssomallos, which exceeded $5,000.
The plaintiffs seek by this suit to reach an equitable asset of Chryssomallos, namely, an interest in a warehouse receipt for tobacco and the right to compel an accounting therefor. It is claimed that this is one of those cases where an attachment debtor has assets which cannot be…
2Cases cited9 opinions
- Warner v. Fourth National BankNew York Court of Appeals · 1889
- Lynch v. . CraryNew York Court of Appeals · 1873
- Whitney v. . DavisNew York Court of Appeals · 1896
- Trotter v. . LismanNew York Court of Appeals · 1910
- Peetsch v. SommersAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by14 opinions
- Zittman v. McGrathSupreme Court of the United States · 1951
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
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- Appleton v. National Park BankNew York Supreme Court · 1924
- Sturcke v. LinkNew York Supreme Court · 1941
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