In re the General Assignment for the Benefit of Creditors of Feinsand

Appellate Division of the Supreme Court of New York

In re the General Assignment for the Benefit of Creditors of Feinsand

238 A.D. 863

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

DecidedMarch 15, 1933

StatusPublished

Cited by1 cases

This text of 238 A.D. 863 (In re the General Assignment for the Benefit of Creditors of Feinsand) 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

In re the General Assignment for the Benefit of Creditors of Feinsand, 238 A.D. 863 (N.Y. Ct. App. 1933).

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Opinion

Order adjudging that the sheriff of Suffolk county has not made valid levies under two certain judgments and directing such sheriff to pay over the sum of $139.99 to the assignee, respondent, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The provision contained in the execution-issued upon the Wicksel judgment, making it returnable to New York county instead of to Suffolk county, was of no “ consequence, because the law and not the direction contained in the paper was controlling upon the sheriff. (Wright v. Nostrand, 94 N. Y. 31, 48.)” (Matter of Kupfer & Co., 165 App. Div. 570.) [864]*864The sheriff made a prior valid levy under the Koch judgment and this inured also as a levy under the Shattuek judgment. (Peck v. Tiffany, 2 N. Y. 451; Van Winkle v. Udall, 1 Hill, 559.) Lazansky, P. J., Hagarty, Scudder, Tompkins and Davis, JJ., concur.

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Order adjudging that the sheriff of Suffolk county has not made valid levies under two certain judgments and directing such sheriff to pay over the sum of $139.99 to the assignee, respondent, reversed on the law and the facts, with ten dollars costs and disbursements, and motion denied, with ten dollars costs. The provision contained in the execution-issued upon the Wicksel judgment, making it returnable to New York county instead of to Suffolk county, was of no “ consequence, because the law and not the direction contained in the paper was controlling upon the sheriff. (Wright v. Nostrand, 94 N. Y. 31, 48.)” (Matter of Kupfer & Co., 165 App. Div. 570.) [864]*864The sheriff made a prior valid levy under the Koch judgment and this inured also as a levy under the Shattuek judgment. (Peck v. Tiffany, 2 N. Y. 451; Van Winkle v. Udall, 1 Hill, 559.) Lazansky, P. J., Hagarty, Scudder, Tompkins and Davis, JJ., concur.

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238 A.D. 863, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-general-assignment-for-the-benefit-of-creditors-of-feinsand-nyappdiv-1933.

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