Hamerschlag v. Cathoscope Electrical Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from-special term, New York county. Action by Edwin Hamerschlag against the Cathoscope Electrical Company. From an order vacating plaintiff’s attachment on the motion of the Allen Advertising Agency, a judgment creditor of defendant, plaintiff appeals. Reversed.
1Opinion of the CourtRumsey, J.
The plaintiff’s attachment was issued on the 17th of November, 1896, and the property of the defendant was levied upon at that time. The Allen Advertising Agency alleges that on the 27th day of November, 1896, it recovered a judgment against the defendant in this action, on which an execution was issued on that day to the sheriff of the county of New York, and the sheriff then levied under it upon the same property upon which he had previously levied the attachment. By virtue of the lien which it thus acquired, as it says, the Allen Advertising Agency moved to vacate the. plaintiff’s…
2Cases cited3 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1878
- Turner v. . RobyNew York Court of Appeals · 1849
- Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Schnitzer v. FoxCity of New York Municipal Court · 1900