Mackubin v. Gottlieb

Appellate Division of the Supreme Court of New York

Mackubin v. Gottlieb

234 A.D. 49, 254 N.Y.S. 83, 1931 N.Y. App. Div. LEXIS 8290

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

DecidedDecember 18, 1931

StatusPublished

This text of 234 A.D. 49 (Mackubin v. Gottlieb) 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

Mackubin v. Gottlieb, 234 A.D. 49, 254 N.Y.S. 83, 1931 N.Y. App. Div. LEXIS 8290 (N.Y. Ct. App. 1931).

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Opinion

McAvoy, J.

Garnishment, attachment or execution will not he out of a State court to catch funds in the hands of a Federal bankruptcy trustee which may become the dividend of a creditor of the bankrupt. The attachment levy was, therefore, ineffective to give jurisdiction to the State court to order publication of the summons.

The order denying the motion to vacate the order for service of the summons should be reversed, with ten dollars costs and dis[50]*50bursements, and the motion granted, with ten dollars costs, and the appeal from the order denying motion for reargument dismissed.

Finch, P. J., Martin, O’Malley and Townley, JJ., concur.

Order denying motion to vacate order for service of summons reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, and appeal from order denying motion for reargument dismissed.

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McAvoy, J.

Garnishment, attachment or execution will not he out of a State court to catch funds in the hands of a Federal bankruptcy trustee which may become the dividend of a creditor of the bankrupt. The attachment levy was, therefore, ineffective to give jurisdiction to the State court to order publication of the summons.

The order denying the motion to vacate the order for service of the summons should be reversed, with ten dollars costs and dis[50]*50bursements, and the motion granted, with ten dollars costs, and the appeal from the order denying motion for reargument dismissed.

Finch, P. J., Martin, O’Malley and Townley, JJ., concur.

Order denying motion to vacate order for service of summons reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs, and appeal from order denying motion for reargument dismissed.

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Bluebook (online)

234 A.D. 49, 254 N.Y.S. 83, 1931 N.Y. App. Div. LEXIS 8290, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mackubin-v-gottlieb-nyappdiv-1931.