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.
1Opinion of the Court
Shearn, J.:
The order appealed from involves the right of the sheriff of New York county to retain property attached until poundage is paid, where the attachment was vacated on consent, the stipulation reciting “ that the plaintiff has no cause of action against the defendant under the facts set forth in the complaint or otherwise and that he desires to withdraw the action brought.” It is - undisputed “that no consideration of any sort passed from the defendant to the plaintiff, directly or indirectly, in consideration of the discontinuance of this action or the making of this stipulation.” *372Thi…
2Cases cited1 opinion
- Campbell v. . CothranNew York Court of Appeals · 1874
3Cited by4 opinions
- Bruskin v. Diamond Trading Co.New York Supreme Court · 1943
- Genovese v. HornNew York Supreme Court · 1921
- Hohauser v. Municipal Credit UnionAppellate Division of the Supreme Court of the State of New York · 1933
- Morowitz v. Dadourian Export Corp.New York Supreme Court · 1942