Fleitmann v. Union Bank

New York Supreme Court

Fleitmann v. Union Bank

93 Misc. 595, 158 N.Y.S. 439

DecidedFebruary 15, 1916

StatusPublished

This text of 93 Misc. 595 (Fleitmann v. Union Bank) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fleitmann v. Union Bank, 93 Misc. 595, 158 N.Y.S. 439 (N.Y. Super. Ct. 1916).

Pincite

Opinion

Chester, J.

The plaintiff by her complaint in this . action seeks to restrain the defendants from selling certain securities held as collateral to the notes under which á judgment has been recovered by the defendants against her in another action, pending the determination of an appeal from such judgment alleging that she was unable to give security to stay execution thereunder.

If this complaint states a good cause of action, a way has been discovered to nullify the provisions of law requiring security to obtain a stay of execution, pending an appeal from a judgment which would be just as effective as a repeal of such provisions. With the law as it is I cannot believe the equity powers of the court can be properly exercised for such a purpose and therefore, I think, that no cause of action has been alleged. The demurrer is sustained with, costs.

Demurred sustained, with costs.

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Chester, J.

The plaintiff by her complaint in this . action seeks to restrain the defendants from selling certain securities held as collateral to the notes under which á judgment has been recovered by the defendants against her in another action, pending the determination of an appeal from such judgment alleging that she was unable to give security to stay execution thereunder.

If this complaint states a good cause of action, a way has been discovered to nullify the provisions of law requiring security to obtain a stay of execution, pending an appeal from a judgment which would be just as effective as a repeal of such provisions. With the law as it is I cannot believe the equity powers of the court can be properly exercised for such a purpose and therefore, I think, that no cause of action has been alleged. The demurrer is sustained with, costs.

Demurred sustained, with costs.

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Bluebook (online)

93 Misc. 595, 158 N.Y.S. 439, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fleitmann-v-union-bank-nysupct-1916.