Legal Opinion

McGrath v. Carnegie Trust Co.

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

Decided January 31, 1916Published

Appeal by the plaintiff, John M. McGrath, from part of a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 12th day of March, 1914, upon the decision of the court after a trial at the New York Special Term.

1Opinion of the Court

Page, J.:

The plaintiff brought an action for $140,000 and recovered judgment for $124,000, with interest, as a preferred claim. An appeal was taken to this court and the judgment was modified to allow the plaintiff to recover as an unpreferred creditor. (167 App. Div. 32.) Both parties appealed to the Court of Appeals, the plaintiff appealing from so much of the judgment as modifies or orders the modification of the judgment as theretofore entered. The Court of Appeals affirmed. (215 N. Y. 733.)

The plaintiff’s time never having been limited by the service of a copy of the judgment with notice…

2Cases cited4 opinions

  1. Madison Trust Co. v. . Carnegie Trust Co.New York Court of Appeals · 1915
  2. Madison Trust Co. v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
  3. McGrath v. Carnegie Trust Co.Appellate Division of the Supreme Court of the State of New York · 1915
  4. McGrath v. . Carnegie Trust CompanyNew York Court of Appeals · 1915

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