Legal Opinion

B. Altman & Co. v. Comstock

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

Decided December 18, 1914Published

Appeal by the plaintiff, B. Altman & Company, 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 5th day of November, 1914, denying the plaintiff’s motion for a temporary injunction.

1Opinion of the Court

Laughlin, J.:

This is an action of interpleader. On the 28th day of April, 1914, the defendant Comstock delivered certain furs to the plaintiff to be stored. Both defendants claim the furs, and have commenced replevin actions to obtain them. This action was subsequently brought; and the motion was made for an injunction to restrain the prosecution of the replevin actions.

After the plaintiff received the furs for storage from the defendant Comstock, and on the 22d day of May, 1914, the defendant Ornstein, through his attorney, notified the plaintiff that he claimed the furs. The plaintiff…

2Cases cited5 opinions

  1. Pouch v. Prudential Insurance Co. of AmericaNew York Court of Appeals · 1912
  2. Ball v. . LineyNew York Court of Appeals · 1871
  3. Stevenson v. New York Life InsuranceAppellate Division of the Supreme Court of the State of New York · 1896
  4. Beebe v. MeadAppellate Division of the Supreme Court of the State of New York · 1905
  5. Wenstrom Electric Co. v. BloomerNew York Supreme Court · 1895

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

Powered by the Exa API