Allerwan Company v. Hermann

New York Court of Appeals

Allerwan Company v. Hermann

188 N.E. 93, 262 N.Y. 625, 1933 N.Y. LEXIS 1140

DecidedJuly 11, 1933

StatusPublished

This text of 188 N.E. 93 (Allerwan Company v. Hermann) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allerwan Company v. Hermann, 188 N.E. 93, 262 N.Y. 625, 1933 N.Y. LEXIS 1140 (N.Y. 1933).

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Opinion

Order of the Appellate Division reversed, with costs in this court and in the Appellate Division, and order of the Special Term affirmed, upon the ground that the filing of the notice of claim to the surplus money by the Superintendent of Banks on December 11, 1919, was not the commencement of an action or special proceeding on the bond or mortgage in question and that, therefore, the claim of the Union Bank was barred under section 47 of the Civil Practice Act. No opinion.

Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.

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Order of the Appellate Division reversed, with costs in this court and in the Appellate Division, and order of the Special Term affirmed, upon the ground that the filing of the notice of claim to the surplus money by the Superintendent of Banks on December 11, 1919, was not the commencement of an action or special proceeding on the bond or mortgage in question and that, therefore, the claim of the Union Bank was barred under section 47 of the Civil Practice Act. No opinion.

Concur: POUND, Ch. J., CRANE, LEHMAN, KELLOGG, O'BRIEN and CROUCH, JJ. Not sitting: HUBBS, J.

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Bluebook (online)

188 N.E. 93, 262 N.Y. 625, 1933 N.Y. LEXIS 1140, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allerwan-company-v-hermann-ny-1933.