Legal Opinion
In re the General Assignment of Kogan for the Benefit of Creditors
New York Supreme Court
Decided July 21, 1931PublishedCited by 5 opinions
1Opinion of the CourtMcCrate, J.
Matter of Kogan (Weitz), motion granted. “Actual custody ” of personal property has been held in cases dealing with the rights of third persons, where a levy has been made, not to require the actual removal of the property. The language of section 917 of the Civil Practice Act, subdivision 2, literally construed, would require an actual removal. But when sections 681 and 682 of the Civil Practice Act are considered, it will be observed that a warrant of attachment has for some purposes the character *413of a levy. The warrant of attachment in section 682 of the Civil Practice Act is spoken of as…
2Cases cited5 opinions
- Roth v. . WellsNew York Court of Appeals · 1864
- Beekman v. LansingNew York Supreme Court · 1830
- Haggerty v. WilberNew York Supreme Court · 1819
- Bond v. . WillettNew York Court of Appeals · 1865
- Bond v. WilletNew York Court of Appeals · 1864
3Cited by5 opinions
- City of New York v. HallCourt of Appeals for the Second Circuit · 1944
- In re the General Assignment for the Benefit of Creditors of Heights Promenade, Inc.New York Supreme Court · 1950
- Manni v. Shirtcraft Co.New York Supreme Court · 1957
- Sheridan Farms, Inc. v. FedericoAppellate Terms of the Supreme Court of New York · 1965
- Teed v. Sidney National Bank, New York County Courts1936