Legal Opinion

Lax v. Peierls

Appellate Terms of the Supreme Court of New York

Decided June 15, 1914Published

Appeal by defendants from a judgment of the Municipal Court of the city of New York, borough of Manhattan, first district, entered after a trial before a judge without a jury.

1Opinion of the CourtBijur, J.

This appeal presents a single question of law. Defendants were bankers and had a credit on their books in favor of one of their customers, the Consolidated Embroidery Works, when plaintiff, as marshal, undertook to attach this credit in an action by a third person against the Consolidated Embroidery Works under section 78 of the Municipal Court Act (the substantial equivalent of section 649 of the Code) and received from defendants a certificate pursuant to section 79 of the act (similar to section 650 of the Code). The certificate read as follows:

“ We hereby certify that we have in our…

2Cases cited5 opinions

  1. Cornell v. . DakinNew York Court of Appeals · 1868
  2. Warner v. Fourth National BankNew York Court of Appeals · 1889
  3. People v. JudsonNew York Court of Common Pleas · 1849
  4. Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.New York Supreme Court · 1894
  5. Almy v. . ThurberNew York Court of Appeals · 1885

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