Gilbert v. Finch
Appellate Division of the Supreme Court of the State of New York
"Appeal by the plaintiff, William T. Gilbert, as receiver of Commercial Alliance Life Insurance" Company, from an order of the Supreme Court, made at the New York Trial Term and entered in the office of the clerk of the county of New York on the 6th day of October, 1899, denying his motion to place the cause upon the preferred calendar.
1Opinion of the Court
McLaughlin, J. :
On the 15th of September, 1899, the plaintiff served a notice of trial for the October Term. He did not serve with the notice of trial a notice that the cause would be moved as a preferred "one. On September 18, 1899, he served a notice withdrawing the notice of trial, and on the same day, and more than fourteen days before the commencement of the term, he served another notice of trial *76for tire October Term, and with this he served a notice of claim for a preference, under subdivision 5 of section 91 of the Code of Civil Procedure. The latter notices were returned by the…
2Cited by3 opinions
- Rudolph v. Third Avenue RailroadAppellate Division of the Supreme Court of the State of New York · 1900
- Jensen v. WeinhandlerAppellate Division of the Supreme Court of the State of New York · 1921
- Thompson v. Post & McCordAppellate Division of the Supreme Court of the State of New York · 1908