Legal Opinion

First National Bank v. Gow

Appellate Division of the Supreme Court of the State of New York

Decided July 7, 1910No. 2PublishedCited by 3 opinions

Cross-appeals by the First National Bank of the City of New York, judgment creditor, and by Artemas Ward, witness, from' 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 24th day of May, 1910, the judgment creditor’s appeal being from so much thereof as modifies a subpoena duces tecum, and the appeal of Artemas Ward being from so much of the said order as denies his motion to vacate the…

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Cross-appeals by the First National Bank of the City of New York, judgment creditor, and by Artemas Ward, witness, from' 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 24th day of May, 1910, the judgment creditor’s appeal being from so much thereof as modifies a subpoena duces tecum, and the appeal of Artemas Ward being from so much of the said order as denies his motion to vacate the subpoena in toto. The opinion of the Special Term is reported in First National Banh v. Qow (67 Mise. Hep. 547).

1Opinion of the Court

Laughlin, J.:

On the 5th day of March, 1910, the First National Bank of the City of New York recovered a judgment against Grow for $114,659.66, on which execution was duly issued and returned unsatisfied, and on the seventh day of April thereafter an order for the examination of the judgment debtor in proceedings supplementary to execution was duly granted appointing a referee to take the examination. On the examination of the judgment debtor it developed that on the 24th day of October, 1907, the judgment debtor consented to a dissolution of the copartnership existing between him and the…

2Cases cited3 opinions

  1. Lathrop v. . ClappNew York Court of Appeals · 1869
  2. Dawson v. SickleNew York Supreme Court · 1889
  3. Franklin v. JudsonAppellate Division of the Supreme Court of the State of New York · 1904

3Cited by3 opinions

  1. People ex rel. Roache v. HanburyAppellate Division of the Supreme Court of the State of New York · 1914
  2. Foremost Insurance Co. Grand Rapids v. Facultative Group, Inc.Appellate Division of the Supreme Court of the State of New York · 1981
  3. People ex rel. Roache v. HanburyNew York Supreme Court · 1913

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