Ernest Ochs v. Pohly
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, “ Ernest Ochs,” a Corporation, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 26th day of September, 1902,- upon the verdict of á jury, and also from an order bearing date the 27th day of May, 1902, and entered in said clerk’s office, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The defendant is sued, not individually, but as the receiver in supplementary proceedings of the property of James F. Bice, a judgment debtor, for the alleged value of a liquor tax certificate issued in the name of Bice, but assigned by him to the plaintiff as security for money loaned. The certificate was issued on May 4, 1896, and the assignment was executed the same day, the money loaned being used to pay for the certificate. Bice carried on the liquor business in his own name, and having contracted an indebtedness to H. Koehler & Co., that firm duly procured a judgment…
2Cases cited6 opinions
- Pease v. . SmithNew York Court of Appeals · 1875
- Boyce v. . BrockwayNew York Court of Appeals · 1865
- Platt v. New York & Sea Beach Railway Co.New York Court of Appeals · 1902
- Niles v. Martin Mathusa & Hinckel Brewing Co.New York Court of Appeals · 1900
- Industrial & General Trust, Ltd. v. TodNew York Court of Appeals · 1902
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3Cited by1 opinion
- Hunter v. AbernathyCourt of Appeals of Texas · 1916