Legal Opinion · Dissent

Ehrlich v. Sklamberg

Appellate Terms of the Supreme Court of New York

Decided November 15, 1909Published

Appeal by the defendants from a judgment in favor of the plaintiff, rendered in the Municipal Court of the city of ISTcw York, second district, borough of Manhattan.

1Dissent

Lehman, J. (dissenting).

It does riot appear from the record whether the bond upon which this action is brought was ever approved by a justice of the Municipal Court, but it does appear that the bond was never filed. It further appears that on the first day of October, the day intermediate between the service of the notice of justification and the time set for justification, the defendant in the attachment action was adjudicated a bankrupt and a receiver was appointed of the bankrupt’s property, who made a demand on the marshal for the goods. The marshal thereupon transferred title to the…

2Cases cited4 opinions

  1. Toles v. . AdeeNew York Court of Appeals · 1881
  2. Russell v. . FreerNew York Court of Appeals · 1874
  3. Haywood v. TownsendAppellate Division of the Supreme Court of the State of New York · 1896
  4. In re the Sale of Real Estate of StumpfAppellate Division of the Supreme Court of the State of New York · 1896

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