Legal Opinion

S. M. & J. Eisenstadt, Inc. v. Sweeney

Appellate Division of the Supreme Court of the State of New York

Decided March 17, 1939PublishedCited by 11 opinions

1Opinion of the CourtUntermyer, J.

The petitioner, S. M. & J. Eisenstadt, Inc., a corporation dissolved in 3935 by proclamation of the Secretary of State, retained the appellant Heffernan, an attorney, to collect a judgment which the corporation had recovered in 3928 against one Frank E. Sweeney in the Supreme Court of New York county. Heffernan succeeded in recovering $600 on the judgment, which was paid to him by Sweeney on May 27, 3938, under an escrow agreement of that date to the effect that it should not be released until a satisfaction of the judgment was delivered. If a satisfaction of thé judgment was not delivered,…

2Cases cited4 opinions

  1. Shaw v. . BroadbentNew York Court of Appeals · 1891
  2. Sinnott v. . HananNew York Court of Appeals · 1915
  3. Avery v. Title Guarantee & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1930
  4. Seventy-Three First Avenue Corp. v. Braunstein Bros. Carbonic Sales Corp.City of New York Municipal Court · 1938

3Cited by11 opinions

  1. Carpenter & Carpenter, Inc. v. KinghamWyoming Supreme Court · 1941
  2. Leiserson & Adler, Inc. v. KeamCourt of Appeals of Kentucky (pre-1976) · 1954
  3. Gerstel v. William Curry's Sons CompanySupreme Court of Florida · 1946
  4. People ex rel. Sabbeth v. SabbethNew York Supreme Court · 1956
  5. Wilkins v. Sirael Realty Corp.New York Supreme Court · 1940

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