Legal Opinion

Feinberg v. Allen

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

Decided March 8, 1911PublishedCited by 12 opinions

Appeal by the plaintiff, Max Feinberg, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 2d day of May, 1910, upon the report of a referee dismissing the complaint upon the merits.

1Opinion of the Court

Kellogg, J.:

This case was before the court in 118 Appellate Division, 497, and in addition to the facts there stated it now appears that the plaintiff and his wife obtained from the judgment creditor, Fonda, the money with which the wood in question was chopped and prepared for market, under the representation that the business was the wife’s business and that she was getting out the wood for Fonda, and that the moneys advanced were in part payment of the wood so to be furnished to him. Upon a refusal to deliver the wood, Fonda obtained a judgment against the wife and levied upon the wood in…

2Cases cited2 opinions

  1. Meeder v. Provident Savings Life Assurance SocietyNew York Court of Appeals · 1902
  2. Prevot v. . LawrenceNew York Court of Appeals · 1872

3Cited by12 opinions

  1. General Stencils, Inc. v. ChiappaNew York Court of Appeals · 1966
  2. Newbro v. FreedDistrict Court, S.D. New York · 2006
  3. Lee v. StateNew York Court of Claims · 1946
  4. Knight v. KnightAppellate Division of the Supreme Court of the State of New York · 1969
  5. Jacobs v. Maryland Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1921

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