Leeds v. Guaranty Trust Co.

Appellate Division of the Supreme Court of New York

Leeds v. Guaranty Trust Co.

272 A.D.2d 909

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

DecidedJune 30, 1947

StatusPublished

This text of 272 A.D.2d 909 (Leeds v. Guaranty Trust Co.) 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

Leeds v. Guaranty Trust Co., 272 A.D.2d 909 (N.Y. Ct. App. 1947).

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Opinion

The first defense was properly stricken out and the order, so far as appealed from, is unanimously affirmed, with $20 costs and disbursements to the plaintiff-respondent. Judgment, if any, rendered against defendant-appellant should provide that execution may not issue except on full compliance with Executive Order No. 8389 (Code of Fed. Beg., Cum. Supp., tit. 3, p. 645) while such order is in effect and in accordance with the regulations of the' Treasury Department of the United States in effect at time of execution. Present — Glennon, Dore, Cohn, Callahan and Van Voorhis, JJ.; Van Voorhis, J., concurs with the following memorandum: I am voting to affirm the order striking out the affirmative defense based on Executive Order No. 8389 on the assumption that if plaintiff obtains judgment, •it will vest only inchoate rights in plaintiff, which cannot be perfected until such time, if ever, as the transaction described in the complaint shall be licensed by the Treasury Department or Executive Order No. 8389 shall be lifted. [See post, p. 1004.]

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The first defense was properly stricken out and the order, so far as appealed from, is unanimously affirmed, with $20 costs and disbursements to the plaintiff-respondent. Judgment, if any, rendered against defendant-appellant should provide that execution may not issue except on full compliance with Executive Order No. 8389 (Code of Fed. Beg., Cum. Supp., tit. 3, p. 645) while such order is in effect and in accordance with the regulations of the' Treasury Department of the United States in effect at time of execution. Present — Glennon, Dore, Cohn, Callahan and Van Voorhis, JJ.; Van Voorhis, J., concurs with the following memorandum: I am voting to affirm the order striking out the affirmative defense based on Executive Order No. 8389 on the assumption that if plaintiff obtains judgment, •it will vest only inchoate rights in plaintiff, which cannot be perfected until such time, if ever, as the transaction described in the complaint shall be licensed by the Treasury Department or Executive Order No. 8389 shall be lifted. [See post, p. 1004.]

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272 A.D.2d 909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leeds-v-guaranty-trust-co-nyappdiv-1947.