Trepagnier & Bros. v. Rose
New York Court of Appeals
Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 29, 1897, affirming so much of an order of Special Term as denied a motion to vacate a levy made under a warrant of attachment.
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Appeal, by certification, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered June 29, 1897, affirming so much of an order of Special Term as denied a motion to vacate a levy made under a warrant of attachment. The question certified was as follows: “ Is a policy of fire insurance under which a loss has occurred which has been adjusted, and under which nothing remains to be done but the payment by the insurer to the insured of a fixed sum of money, an ‘instrument for the payment of money ’ within the meaning of subdivision 2 of section 649…
1Opinion of the Court
Order affirmed, with costs, on opinion below, and the first branch of the question certified answered in the negative and the second in the affirmative.
All concur.
2Cited by1 opinion
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