Legal Opinion

Clements v. Doblin

Appellate Division of the Supreme Court of the State of New York

Decided May 2, 1924PublishedCited by 7 opinions

Appeal by the defendant, Nathan L. Doblin, 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 7th day of April, 1924, denying his motion to vacate a levy under a warrant of attachment.

1Opinion of the Court

Finch, J.:

It appears that the defendant was doing business with Hubshman & Bro., factors, under an agreement whereby he consigned to said factors his output consisting of manufactured silks; the factors invoiced the goods to defendant’s customers, guaranteed the accounts to defendant and agreed to advance *209not exceeding two-thirds of the market value of the consigned merchandise, the defendant to be responsible for such advances, charges and commissions, which commissions they agreed should be on net sales aggregating $500,000 a year. As security to said factors it was agreed that they should…

2Cases cited3 opinions

  1. Warner v. Fourth National BankNew York Court of Appeals · 1889
  2. O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
  3. Westervelt v. . PhelpsNew York Court of Appeals · 1902

3Cited by7 opinions

  1. Commission for Polish Relief, Ltd. v. Banca Nationala a RumanieiNew York Court of Appeals · 1942
  2. Fitchburg Yarn Co. v. Wall & Co.Appellate Division of the Supreme Court of the State of New York · 1974
  3. Overbury v. PlattenCourt of Appeals for the Second Circuit · 1939
  4. Ratto v. Italia-Flotte Riunite Cosulich-Lloyd Sabaudo-Navigazione GeneraleCity of New York Municipal Court · 1938
  5. Suffolk Auto Liquidators, Inc. v. Eastern Auto Auction, Inc.New York Supreme Court · 1973

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