Wulff v. Roseville Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the Mutual Bank of Roseville, 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 9th day of June, 1914, resettling an order entered in said clerk’s office on the 1st day of June, 1914, denying appellant’s motion to vacate plaintiff’s warrant of attachment herein, or, in the -alternative, to vacate the levy made thereunder.
1Opinion of the Court
Laughlin, J.:
The appellant succeeded by assignment to the right, title and interest of the defendant in and to the property upon which the attachment was levied; and as such assignee made the motion to vacate the warrant of attachment. The standing of an assignee to make the motion is sustained by the provisions of section 682 of the Code of Civil Procedure, and by the decisions of the courts thereunder. (Merriam v. Wood & Parker Co., 19 App. Div. 329.)
The action is on assigned claims of depositors in the defendant, which is a trust company duly organized under the laws of the State of New…
2Cases cited16 opinions
- Relfe v. RundleSupreme Court of the United States · 1881
- Marshall v. . ShermanNew York Court of Appeals · 1895
- Petersen v. . Chemical BankNew York Court of Appeals · 1865
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Barth v. . BackusNew York Court of Appeals · 1893
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