Hahn v. Coltoff

The plaintiff, receiver of the Liberty Building and Mortgage Corporation, instituted this action on a promissory note executed by the defendants. A motion for a preference under subdivision 7 of section 138 of the Civil Practice Act, made by the receiver, was granted. The defendant Coltoff, appealing from this order, contends that the plaintiff is not entitled to a preference because the action is not one of those specified in rule 8 of the Calendar Practice Rules of the Municipal Court, effective March 1, 1930, which provides: “ Actions for wages and actions in which the amount claimed does…