Stern v. Mayer
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, David Mayer, 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 3d day of October, 1904, granting the plaintiff leave to strike the above-entitled action from the Trial Term calendar and to renotice the cause for trial at Special Term.
1Opinion of the Court
Ingraham, J.:
The question presented on this appeal is whether this action is at law triable at Trial Term or in equity triable at Special Term. The complaint alleges that one Hyman Gattle was duly adjudicated a bankrupt, and the plaintiff appointed and qualified as trustee on the 24th day of August, 1903 ; that the defendant claimed to be a creditor of the bankrupt, and in the month of May, 1903, the bankrupt while insolvent had delivered to the defendant, an alleged creditor, a quantity of merchandise of the value of $2,200 as security for the alleged indebtedness; that at the time of said…
2Cases cited1 opinion
- Houghton v. StinerAppellate Division of the Supreme Court of the State of New York · 1904
3Cited by10 opinions
- Cohen v. SmallAppellate Division of the Supreme Court of the State of New York · 1907
- Parker v. BlackDistrict Court, W.D. New York · 1906
- First State Bank v. SpencerCourt of Appeals for the Eighth Circuit · 1915
- Maxwell v. Davis Trust Co.West Virginia Supreme Court · 1911
- Merritt v. HallidayAppellate Division of the Supreme Court of the State of New York · 1905
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