Hoefle v. American Laundry Machinery Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, American Laundry Machinery Manufacturing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of December, 1913, denying defendant’s motion for a stay of proceedings pending the payment of the judgment for costs, amounting to $127.78, awarded to the defendant herein, in an action in the Supreme Court commenced against the defendant by the…
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Appeal by the defendant, American Laundry Machinery Manufacturing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of December, 1913, denying defendant’s motion for a stay of proceedings pending the payment of the judgment for costs, amounting to $127.78, awarded to the defendant herein, in an action in the Supreme Court commenced against the defendant by the Abramson-Engesser Company.
1Per curiam
The present three plaintiffs are the assignee in bankruptcy joined with two prior assignees of the cause of action under an assignment before the bankruptcy. These prior assignees, Messrs. Engesser and Abramson, according to the affidavits filed in the New York county action, were beneficially interested in that suit. The judgment in that action for costs, having been recovered after the trustee’s appointment, could not be here offset. (Knight v. Rothschild, 132 App. Div. 274, 278.) There is, therefore, a good ground to stay the present suit until the previous judgment for costs shall be…
2Cases cited4 opinions
- Polley v. Lehigh Valley RailroadAppellate Division of the Supreme Court of the State of New York · 1910
- Knight v. RothschildAppellate Division of the Supreme Court of the State of New York · 1909
- Nelligan v. GrothAppellate Division of the Supreme Court of the State of New York · 1908
- Genet v. . DavenportNew York Court of Appeals · 1874
3Cited by1 opinion
- Hoefle v. American Laundry Machinery Mfg. Co.Appellate Division of the Supreme Court of the State of New York · 1914