West Side National Bank of Chicago v. Warsaw Discount Bank
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Warsaw Discount Bank, from so much of 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 16th day of August, 1921, as provides that the sheriff of the county of New York release certain attached property of the defendant only on condition that he be paid his alleged lawful fees, and also from an order of the Supreme Court made at the New York Special Term and…
Read the full summary
Appeal by the defendant, Warsaw Discount Bank, from so much of 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 16th day of August, 1921, as provides that the sheriff of the county of New York release certain attached property of the defendant only on condition that he be paid his alleged lawful fees, and also from an order of the Supreme Court made at the New York Special Term and entered in said clerk’s office on the 29th day of June, 1922, denying defendant’s motion to compel said sheriff to release…
1Opinion of the Court
Smith, J.:
The appeal from the order denying the motion to resettle must be dismissed. (Waltham Mfg. Co. v. Brady, 67 App. Div. 102; Pinchot v. New York Elevated R. R. Co., 49 id. 356.)
The other appeal is from the condition of the original order requiring the defendant to pay the fees of the sheriff in order to secure the release of property unlawfully attached. The action was brought for damages, and the amount of $12,400 of defendant’s, deposited in a bank in the city of New York, was attached. *5Upon motion the attachment was set aside, and the order of publication was set aside, as the court…
2Cases cited1 opinion
- Waltham Manufacturing Co. v. BradyAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by5 opinions
- Bergin v. AndersonAppellate Division of the Supreme Court of the State of New York · 1926
- McCloskey v. BrilAppellate Division of the Supreme Court of the State of New York · 1955
- Dutch-American Mercantile Corp. v. Safticraft Corp.Appellate Division of the Supreme Court of the State of New York · 1962
- Estate of Randolfi v. Ultissima Beauty Institute, Ltd.Appellate Division of the Supreme Court of the State of New York · 1992
- In re ReedAppellate Division of the Supreme Court of the State of New York · 1930