Margolies v. Brettschneider

Appellate Terms of the Supreme Court of New York

Margolies v. Brettschneider

140 N.Y.S. 986

CourtAppellate Terms of the Supreme Court of New York

DecidedApril 10, 1913

StatusPublished

Cited by1 cases

This text of 140 N.Y.S. 986 (Margolies v. Brettschneider) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Margolies v. Brettschneider, 140 N.Y.S. 986 (N.Y. Ct. App. 1913).

Pincite

Opinion

LEHMAN, J.

The plaintiff has recovered a judgment for conversion instituted by service of a summons and verified complaint. Apparently the copy of the summons served was not indorsed as provided by section 39 of the Municipal Court Act .(Laws 1902, c. 580), but inasmuch as the verified complaint was served with the summons an execution against the person could nevertheless issue.

Judgment should be modified by including a provision for execution against the person, and, as modified, affirmed, with costs to the appellant. All concur.

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LEHMAN, J.

The plaintiff has recovered a judgment for conversion instituted by service of a summons and verified complaint. Apparently the copy of the summons served was not indorsed as provided by section 39 of the Municipal Court Act .(Laws 1902, c. 580), but inasmuch as the verified complaint was served with the summons an execution against the person could nevertheless issue.

Judgment should be modified by including a provision for execution against the person, and, as modified, affirmed, with costs to the appellant. All concur.

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Bluebook (online)

140 N.Y.S. 986, Counsel Stack Legal Research, https://law.counselstack.com/opinion/margolies-v-brettschneider-nyappterm-1913.

Opinion

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