Legal Opinion

Assets Collecting Co. v. Myers

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

Decided December 3, 1915PublishedCited by 4 opinions

Appeal by the defendants, Emanuel J. Myers and another, 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 October, 1915, denying their motion for an extra allowance.

1Opinion of the Court

Scott, J.:

This action was brought for the large sum of $1,040,000 claimed as damages for a fraudulent conspiracy on the part of defendants to throw the firm of Otto Heinze & Co. into bankruptcy. The action was certainly an unusual one, and may reasonably be called a difficult and extraordinary one. (See Code Civ. Proc. § 3253.) There were three complaints, an original one and two amended ones, with corresponding answers and replies. There were a large number of motions of various kinds, and finally the complaint was dismissed as the result of a motion for judgment on the pleadings. While…

2Cases cited3 opinions

  1. People v. . BootmanNew York Court of Appeals · 1904
  2. Jermyn v. SearingAppellate Division of the Supreme Court of the State of New York · 1910
  3. Ryan v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1913

3Cited by4 opinions

  1. Town of Brighton v. Rochester Vulcanite Pavement Co.New York Supreme Court · 1933
  2. Metropolitan Savings Bank v. TuttleNew York Court of Appeals · 1944
  3. Metropolitan Savings Bank v. TuttleNew York Supreme Court · 1944
  4. Town of Brighton v. Seminole Paving Co., Inc.New York Supreme Court · 1934

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