Legal Opinion

Morris Plan Ind. Bank of N.Y. v. Gunning

New York Court of Appeals

Decided May 29, 1946PublishedCited by 51 opinions

1Opinion of the CourtDesmond, J.

Plaintiff Morris Plan Industrial Bank, a New I York corporation which holds an unsatisfied Pennsylvania judgment against nonappealing defendant Gunning, who lives and works in Pennsylvania, has been allowed, in this suit on that Pennsylvania judgment, to take out a warrant of attachment in New York against Gunning’s wages earned in Pennsylvania from the “ third party ” appellant, Pennsylvania Railroad Company. The purpose and effect of that attachment is to subject to plaintiff’s claim the whole of Gunning’s wages so earned in Pennsylvania, although Pennsylvania law since 1845 has forbidden…

2Cases cited12 opinions

  1. Harris v. BalkSupreme Court of the United States · 1905
  2. Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
  3. Douglass v. Phenix InsuranceNew York Court of Appeals · 1893
  4. Plimpton v. . BigelowNew York Court of Appeals · 1883
  5. Davis v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of the United States · 1910

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3Cited by51 opinions

  1. Simpson v. LoehmannNew York Court of Appeals · 1967
  2. Intermeat, Inc. v. American Poultry Incorporated and a & W FoodsCourt of Appeals for the Second Circuit · 1978
  3. Hotel 71 Mezz Lender LLC v. FalorNew York Court of Appeals · 2010
  4. Beverly Beja v. Willa J. Jahangiri, Robert L. Guy and Carlton E. ByrneCourt of Appeals for the Second Circuit · 1972
  5. Engineering Equipment Co. v. SS SELENEDistrict Court, S.D. New York · 1978

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