French v. Bankverein Suisse
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Bankverein Suisse, from, so much of an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of April, 1917, as authorizes the sheriff to retain property of the defendant which he had attached, until his poundage has been paid. The order further discontinued the action and discharged the attachment.
1Dissent
Laughlin, J. (dissenting):
I am of opinion that the provisions of chapter 418 of the Laws of 1892 (amdg. Laws of 1890, chap. 523, § 17) and of section 3307 of the Code of Civil Procedure, as amended by chapter 565 of the Laws of 1915, providing that in case of a settlement of an action in which a warrant of attachment has been issued the sheriff’s poundage shall be computed on *373the value of the property, not exceeding the sum at which the settlement was made, are not applicable here, for there is no evidence that the action has been settled. Here, so far as appears, the warrant of attachment…
2Cases cited5 opinions
- Lawlor v. Magnolia Metal Co.Appellate Division of the Supreme Court of the State of New York · 1896
- M. H. Treadwell & Co. v. Mead Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Tribune Ass'n v. Eisner & Mendelson Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Plummer v. International Power Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Jones v. GouldAppellate Division of the Supreme Court of the State of New York · 1907