Lawyers Mortgage Co. v. De Waltoff

Appellate Division of the Supreme Court of New York

Lawyers Mortgage Co. v. De Waltoff

241 A.D. 699

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

Opinion

Order granting receiver’s motion to compel appellants to pay and turn over to him the sum of $490 affirmed, with ten dollars costs and disbursements. The Special Term, in its discretion, was free to decide, upon the [700]*700affidavits, the issue of fact in respect of fraud, no request for a reference respecting it having been made. Such an issue ordinarily should be determined upon a reference. Rule 74 of the Rules of Civil Practice regulates the form of the order. Young, Kapper, Hagarty, Carswell and Davis, JJ., concur.

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Order granting receiver’s motion to compel appellants to pay and turn over to him the sum of $490 affirmed, with ten dollars costs and disbursements. The Special Term, in its discretion, was free to decide, upon the [700]*700affidavits, the issue of fact in respect of fraud, no request for a reference respecting it having been made. Such an issue ordinarily should be determined upon a reference. Rule 74 of the Rules of Civil Practice regulates the form of the order. Young, Kapper, Hagarty, Carswell and Davis, JJ., concur.

Lawyers Mortgage Co. v. De Waltoff, 241 A.D. 699 (N.Y. Ct. App. 1934).

Pincite

241 A.D. 699 (Lawyers Mortgage Co. v. De Waltoff) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.