Miracle Paint & Chemical Corp. v. McCollom

Appellate Division of the Supreme Court of New York

Miracle Paint & Chemical Corp. v. McCollom

2 A.D.2d 712, 153 N.Y.S.2d 606, 1956 N.Y. App. Div. LEXIS 4873

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

DecidedJune 25, 1956

StatusPublished

This text of 2 A.D.2d 712 (Miracle Paint & Chemical Corp. v. McCollom) 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

Miracle Paint & Chemical Corp. v. McCollom, 2 A.D.2d 712, 153 N.Y.S.2d 606, 1956 N.Y. App. Div. LEXIS 4873 (N.Y. Ct. App. 1956).

Pincite

Opinion

In an action to recover damages for wrongfully returning an execution partially satisfied, the appeal is from an order denying a motion to strike out a separate defense to the second cause of action alleged in the complaint. The defense is to the effect that at the time of delivery of the execution to respondent the judgment debtor was insolvent, that within four months thereafter a petition was filed for an arrangement in bankruptcy, and that the lien was lost as a result of the bankruptcy proceeding and not as a result of any act of respondent. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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In an action to recover damages for wrongfully returning an execution partially satisfied, the appeal is from an order denying a motion to strike out a separate defense to the second cause of action alleged in the complaint. The defense is to the effect that at the time of delivery of the execution to respondent the judgment debtor was insolvent, that within four months thereafter a petition was filed for an arrangement in bankruptcy, and that the lien was lost as a result of the bankruptcy proceeding and not as a result of any act of respondent. Order affirmed, with $10 costs and disbursements. No opinion. Nolan, P. J., Beldoek, Murphy, Ughetta and Hallinan, JJ., concur.

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Bluebook (online)

2 A.D.2d 712, 153 N.Y.S.2d 606, 1956 N.Y. App. Div. LEXIS 4873, Counsel Stack Legal Research, https://law.counselstack.com/opinion/miracle-paint-chemical-corp-v-mccollom-nyappdiv-1956.