Legal Opinion

Sorzano v. Coudert

New York Supreme Court

Decided August 15, 1899Published

Action brought by the sheriff of Eew York, in conjunction with the plaintiff in an attachment suit, as permitted by section 677, Code Civ. Pro., in aid of an attachment issued against the property of Louis Pons. The attachment was served upon the administrator of the goods, chattels, etc., of Jean Fernand Auguste Pons and upon the firm of Coudert Brothers, who had been the attorneys for Pons in his lifetime.

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Action brought by the sheriff of Eew York, in conjunction with the plaintiff in an attachment suit, as permitted by section 677, Code Civ. Pro., in aid of an attachment issued against the property of Louis Pons. The attachment was served upon the administrator of the goods, chattels, etc., of Jean Fernand Auguste Pons and upon the firm of Coudert Brothers, who had been the attorneys for Pons in his lifetime. The complaint alleged that, at the time of the service of the attachment, Louis Pons was seized of “ . Judgment was demanded against the deféndants for $6,981.81 "with interest from the…

1Opinion of the CourtLeventritt, J.

■ After a careful consideration of this case, and taking the view most favorable to the plaintiffs, by ignoring the several serious objections urged to the right of the plaintiffs to maintain this action, I am satisfied that the defendants are entitled to judgment on the merits.

A judgment in favor of the plaintiffs would, in effect, direct administration upon the local assets of the estate of Louis Pons’ father. While that direction is discretionary (1 Williams Exrs., 443, note; Lynes v. Coley, 1 Redf. 405; Matter of Hughes, 95 N. Y. 55, 60), the circumstances of this cáse do not warrant it.…

2Cases cited3 opinions

  1. Matter of Accounting of HughesNew York Court of Appeals · 1884
  2. In re DunnAppellate Division of the Supreme Court of the State of New York · 1899
  3. Lynes v. ColeyNew York Surrogate's Court · 1862

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