Press v. Vose
This text of 171 Misc. 387 (Press v. Vose) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
The bank accounts constitute debts not capable of manual delivery and as to them the levy was valid. (Riggi Bros. Co., Inc., v. Bank of Barcelona, 187 App. Div. 213.) The contents of the safe deposit box were capable of manual delivery. Until the sheriff had obtained actual custody of such contents he could not and did not make a valid levy. (Anthony v. Wood, 96 N. Y. 180, 187.) The sheriff will be allowed poundage only on the amounts on deposit in the two bank accounts to the credit of the defendant. Submit order on notice.
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Cite This Page — Counsel Stack
171 Misc. 387, 11 N.Y.S.2d 863, 1939 N.Y. Misc. LEXIS 1810, Counsel Stack Legal Research, https://law.counselstack.com/opinion/press-v-vose-nysupct-1939.