Boeger v. Hoffman
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry Boeger, as president of the Lincoln Kranken Unterstutzungs Yereins Ho. 2, from an order of the • Supreme Court, made at the Hew Y ork Trial Term and entered in the office of- the clerk of the county of Hew York on the 16th day of January, 1901, denying the plaintiff’s motion for a preference upon the calendar of the court.
1Opinion of the Court
Rumsey, J.:
The claim for a preference was made under general rule 36, on the ground that the defendant was imprisoned under an order of arrest. It appeared, however, that he had given bail and that having, given bail he had been “ discharged from arrest ” as it is expressed in section 573 of the Code of Civil Procedure. Clearly, having been discharged from arrest, he cannot legally be said to be imprisoned under an order of arrest, and for that reason .the preference should have been denied.
The plaintiff cites the case of Knox v. Dubroff (17 App. Div. 290) as authority that the action should…
2Cases cited2 opinions
- Havemeyer Sugar Refining Co. v. TaussigNew York Supreme Court · 1887
- Knox v. DubroffAppellate Division of the Supreme Court of the State of New York · 1897