California Packing Corp. v. Kelly Storage & Distributing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Phoenix and Third National Bank of Lexington, Kentucky, 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 10th day of March, 1919, denying its motion to vacate a warrant of attachment secured by the plaintiff against the defendant Kelly Storage and Distributing Company and to set aside an attempted levy thereunder. . _ __________
1Opinion of the Court
Smith, J.:
On July 13, 1917, the Phoenix Bank of Lexington, Ky., made a loan of $6,500 to the defendant, the Kelly Storage and Distributing Company. As security for this loan the Kelly Company transferred to the bank a non-negotiable receipt of a warehouseman in the city of New York, covering *477the merchandise in question. The bank gave no notice of the transfer of this warehouse receipt to the warehouse before August 10, 1918, at which time the plaintiff, claiming to have a cause of action against the defendant for some $2,000, obtained and levied a warrant of attachment upon the same goods.
Unde…
2Cases cited10 opinions
- Brill v. . TuttleNew York Court of Appeals · 1880
- Evansville National Bank v. KaufmannNew York Court of Appeals · 1883
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Baer v. English & Co.Supreme Court of Georgia · 1890
- Fulton v. VarneyAppellate Division of the Supreme Court of the State of New York · 1907
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3Cited by3 opinions
- Grassi v. La Sociedad Bancaria Del ChimborazoAppellate Division of the Supreme Court of the State of New York · 1925
- Dahl v. Scandinavian Trust Co.New York Supreme Court · 1919
- Montgomery Ward & Co. v. NewmanSupreme Court of Vermont · 1932