Fidelity & Deposit Co. v. Chase National Bank

Appellate Division of the Supreme Court of New York

Fidelity & Deposit Co. v. Chase National Bank

241 A.D. 728

Appellate Division of the Supreme Court of the State of New York·Decided March 15, 1934·Published

Opinion

Order so far as appealed from affirmed, with twenty dollars costs and disbursements to the respondent. No opinion. Present — Martin, Merrell, O’Malley and Glennon, JJ.; O’Malley, J., votes to modify by providing that the affirmance is without prejudice to an application on the part of the plaintiff to vacate the order appealed from should the impleaded party, the Westfield Trust Company, move for a transfer of the action to the Federal court.

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Order so far as appealed from affirmed, with twenty dollars costs and disbursements to the respondent. No opinion. Present — Martin, Merrell, O’Malley and Glennon, JJ.; O’Malley, J., votes to modify by providing that the affirmance is without prejudice to an application on the part of the plaintiff to vacate the order appealed from should the impleaded party, the Westfield Trust Company, move for a transfer of the action to the Federal court.

Fidelity & Deposit Co. v. Chase National Bank, 241 A.D. 728 (N.Y. Ct. App. 1934).

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