Legal Opinion · Concurrence

Legniti v. Mechanics & Metals National Bank

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

Decided January 10, 1919Published

Appeal by the plaintiff, Angelo Legniti, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 28th day of May, 1917, upon the decision of the court after a trial at the New York Special Term.

1Concurrence

Merrell, J. (concurring):

I concur in the opinion of Mr. Justice Laughlin, but it seems to me that there are additional grounds for reversal.

■ While the trustee in bankruptcy is a party to the action, there is no controversy between the plaintiff and such trustee. The trustee has no interest in the funds in question. (See opinion of Giegerich, J., in Gilbert v. Mechanics & Metals Nat. Bank;* affd., 176 App. Div. 915; affd., 221 N. Y. 648.) So the only parties in interest are the plaintiff and the Mechanics and Metals National Bank of New York, both of whom are seeking to obtain the sum…

2Cases cited2 opinions

  1. Gilbert v. Mechanics & Metals National BankNew York Court of Appeals · 1917
  2. Gilbert v. Mechanics & Metals National BankNew York Supreme Court · 1916

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API