Ritchie v. Seaboard Nat. Bank
New York Court of Common Pleas
Appeal from trial term. Action by Albert Ritchie, as receiver, against the Seaboard National Bank. From so much of an order as denied plaintiff’s motion for a preference of the cause, plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
The determination below that the plaintiff’s
motion for a preference should be denied is clearly to be supported. In order that the right to a preference under section 791 of the Code of Civil Procedure may be preserved and successfully invoked, it is essential that the party desiring the preference “serve upon the opposite party, with his notice of trial, a notice that an application will be made to the court at the opening thereof, for leave to move the same as a preferred cause.” Code Civ. Proc. § 793. In the present case, no notice of trial having ever been served, it results that the…
2Cases cited1 opinion
- Fox v. QuinnNew York Court of Common Pleas · 1890