Bank of United States v. Canal Securities Corp.

Appellate Division of the Supreme Court of New York

Bank of United States v. Canal Securities Corp.

250 A.D. 505, 294 N.Y.S. 760, 1937 N.Y. App. Div. LEXIS 8389

Appellate Division of the Supreme Court of the State of New York·Decided April 9, 1937·Published·Cited by 7 cases

Opinion

Per Curiam.

The affidavits present issues of fact which preclude the granting of the judgment creditor’s motion under section 794 of the Civil Practice Act, to require the third party to pay to the judgment creditor the amount of judgments in favor of the judgment debtor against the third party. The third party submitted affidavits tending to establish that after the entry of the judgments in favor of the judgment debtor an agreement was made between these parties that in consideration of the retention by the judgment debtor of certain shares of stock belonging to the third party, and for other considerations, the judgments should be satisfied. If this be true, then there is nothing due on the judgments from the third party to the judgment debtor and the motion by the judgment creditor to require payment to it of these judgments must fail.

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., O’Malley, Untermyer and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.

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Per Curiam.

The affidavits present issues of fact which preclude the granting of the judgment creditor’s motion under section 794 of the Civil Practice Act, to require the third party to pay to the judgment creditor the amount of judgments in favor of the judgment debtor against the third party. The third party submitted affidavits tending to establish that after the entry of the judgments in favor of the judgment debtor an agreement was made between these parties that in consideration of the retention by the judgment debtor of certain shares of stock belonging to the third party, and for other considerations, the judgments should be satisfied. If this be true, then there is nothing due on the judgments from the third party to the judgment debtor and the motion by the judgment creditor to require payment to it of these judgments must fail.

The order should be reversed, with twenty dollars costs and disbursements, and the motion denied.

Present — Martin, P. J., O’Malley, Untermyer and Dore, JJ.

Order unanimously reversed, with twenty dollars costs and disbursements, and motion denied.

Bank of United States v. Canal Securities Corp., 250 A.D. 505, 294 N.Y.S. 760, 1937 N.Y. App. Div. LEXIS 8389 (N.Y. Ct. App. 1937).

Pincite

250 A.D. 505 (Bank of United States v. Canal Securities Corp.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Ioannis Koufopantelis, Libellants-Appellees v. Cia. De Nav. San George, S.A., Fanorios Panteloglou, Libellant-Appellee v. Cia. De Nav. San George, S.A., Diamantis Drakopoulos, Libellants-Appellees v. Cia. De Nav. San George, S.A., Spiridon Bardis, Libellant-Appellee v. Cia. De Nav. San George, S.A., Ioannis Koufopantelis, Judgment Creditors-Appellees v. Cia. De Nav. San George, S.A., Judgment Debtor, Santa Maria Shipowning & Trading Company, S.A., Third-Party

291 F.2d 709 (Second Circuit, 1961)

Koufopantelis v. Cia. De Nav. San George, S.A.

291 F.2d 709 (Second Circuit, 1961)

Berkson v. Schneiderman

7 Misc. 2d 214 (New York Supreme Court, 1957)

Kerckafric (Pty.) Ltd. v. Maxwell Meyers Affiliations, Ltd.

108 F. Supp. 594 (S.D. New York, 1952)

Mawhinney-Waack, Inc. v. Philip

200 Misc. 800 (New York Supreme Court, 1951)

Broderick v. Stecher

177 Misc. 270 (New York Supreme Court, 1941)

Powley v. Dorland Building Co.

256 A.D. 934 (Appellate Division of the Supreme Court of New York, 1939)

Opinion

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