Legal Opinion
R. H. Macy & Co. v. Tyler
New York County Courts
Decided October 1, 1959PublishedCited by 4 opinions
1Opinion of the CourtFrahk S. McCullough, J.
This is an application by the judgment creditor for an order directing the third party, the County Trust Company, to pay out of the judgment debtor’s savings account a sum of money on account of the judgment.
The third party opposes the motion brought under section 794 of the Civil Practice Act on the ground that the judgment creditor has not shown in its moving papers that it has exhausted all available means of obtaining possession of the bankbook, relying on the case of Matter of Moran v. Toth (195 Misc. 570).
Subdivision 3 of section 238 of the Banking Law provides: 1 ‘ Except as provided…
2Cases cited13 opinions
- Appleby v. . Erie County Savings BankNew York Court of Appeals · 1875
- People v. Mechanics & Traders' Savings InstitutionNew York Court of Appeals · 1883
- Smith v. . Brooklyn Savings BankNew York Court of Appeals · 1885
- Myers v. Albany Savings BankNew York Court of Appeals · 1946
- Myers v. Albany Savings BankAppellate Division of the Supreme Court of the State of New York · 1946
8 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- United States v. Bowery Savings BankCourt of Appeals for the Second Circuit · 1961
- Dumpson v. TaylorNew York Supreme Court · 1962
- Dumpson v. Empire City Savings BankNew York Supreme Court · 1964
- Manufacturers Trust Co. v. Meb Rest Inc.New York Supreme Court · 1961