Globe Exchange Bank v. Wilkenfeld Bros.

Appellate Division of the Supreme Court of New York

Globe Exchange Bank v. Wilkenfeld Bros.

230 A.D. 763

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJuly 15, 1930

StatusPublished

This text of 230 A.D. 763 (Globe Exchange Bank v. Wilkenfeld Bros.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Globe Exchange Bank v. Wilkenfeld Bros., 230 A.D. 763 (N.Y. Ct. App. 1930).

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Opinion

Order reversed upon the law and the facts, with ten dollars costs and disbursements to the appellants, and motion denied, with ten dollars costs. We are of opinion that the conduct of the judgment debtors did not constitute contempt of court. Their failure to appear on October seventeenth was waived by the stipulation made the next day and the subsequent appearances and examinations. The undisputed fact is that it was agreed they should not appear on November eleventh. The testimony was signed when directed by the court, and there was no violation of any order of the court or referee in respect thereto or in reference to the shares of the capital stock of the Wilkenfeld Bottle Company, Inc. Lazansky, P. J., Rich, Young, Scudder and Tompkins, JJ., concur.

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Order reversed upon the law and the facts, with ten dollars costs and disbursements to the appellants, and motion denied, with ten dollars costs. We are of opinion that the conduct of the judgment debtors did not constitute contempt of court. Their failure to appear on October seventeenth was waived by the stipulation made the next day and the subsequent appearances and examinations. The undisputed fact is that it was agreed they should not appear on November eleventh. The testimony was signed when directed by the court, and there was no violation of any order of the court or referee in respect thereto or in reference to the shares of the capital stock of the Wilkenfeld Bottle Company, Inc. Lazansky, P. J., Rich, Young, Scudder and Tompkins, JJ., concur.

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Bluebook (online)

230 A.D. 763, Counsel Stack Legal Research, https://law.counselstack.com/opinion/globe-exchange-bank-v-wilkenfeld-bros-nyappdiv-1930.