Williams v. Edward DeV. Tompkins, Inc.

McAvoy, J.:

This is an appeal from an order made at Trial Term, denying plaintiff’s motion for a preference in an action on twenty-two promissory notes.

The action was commenced on June 14, 1922. Issue was finally joined by service of a reply on the 19th day of July, 1923. The action was noticed for trial for the October, 1923, term and the note of issue was filed for said term. The application for preference was not made until the April, 1924, term of the Supreme Court, the reason being that on or about the 11th day of June, 1923, applications were pending in relation to the pleadings and as…