Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.
New York Supreme Court
Appeal from judgment on report of referee. Action by Excelsior Steam Power Company and another against the Cosmopolitan Publishing Company, brought under Code Civ. Proc. § 677, which provides that “the plaintiff, by leave of the court, * * * may bring and maintain * * * any action which, by the provisions of this title, may be brought by the sheriff, to recover property attached, or the value thereof, or a demand attached.”
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Appeal from judgment on report of referee. Action by Excelsior Steam Power Company and another against the Cosmopolitan Publishing Company, brought under Code Civ. Proc. § 677, which provides that “the plaintiff, by leave of the court, * * * may bring and maintain * * * any action which, by the provisions of this title, may be brought by the sheriff, to recover property attached, or the value thereof, or a demand attached.” There was a judgment in favor of plaintiffs, and defendant appeals. Reversed.
1Opinion of the CourtBarrett, J.
The plaintiffs’ difficulty in this case is that the particular debt due by the defendant to Brown, to recover wdnch this action was brought, was not attached. The attachment was *558served on the 14th of July, 1890. At that time there was nothing due by the defendant to Brown for the printing of the August magazine. This latter work was not completed until the 29th of July, 1890, and the defendant’s indebtedness therefor did not accrue to Brown until 30 days after the latter date. This the referee ■expressly finds. He also finds that the defendant has paid to the sheriff all the money in which it…
2Cases cited2 opinions
- Hayden v. . National BankNew York Court of Appeals · 1891
- Mathot v. North River BankCity of New York Municipal Court · 1889
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- Edison Electric Illuminating Co. v. Guastavino Fire Proof Construction Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Kratzenstein v. LehmanNew York Supreme Court · 1897
- Lax v. PeierlsAppellate Terms of the Supreme Court of New York · 1914