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Schlenger v. Ninth Street Bank and Trust Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1930
231 App. Div. 828 (N.Y. App. Div. 1930)

Opinion

December, 1930.

Appeal from Supreme Court, Kings County.


We are of opinion that there is nothing in the Florida statutes indicating that the Florida bank was dissolved. This being so, the appellant has no title superior to that of an attaching creditor who is a resident of this State. ( Willitts v. Waite, 25 N.Y. 577, which is approvingly cited in Deschenes v. Tallman, 248 id. 33, 38.) (See, also, Kelly v. Crapo, 45 N.Y. 86, 90.) Martyne v. American Union Fire Ins. Co. ( 216 N.Y. 183) involved a foreign corporation that had actually been dissolved, and the distinction is pointed out between that case and the Willitts Case ( supra) and cognate cases by Judge Chase, writing in the Martyne case. The order should be affirmed, with ten dollars costs and disbursements. Lazansky, P.J., Young, Kapper, Hagarty and Tompkins, JJ., concur. Order denying motion to vacate attachment, to set aside service of summons and to dismiss complaint affirmed, with ten dollars costs and disbursements.


Summaries of

Schlenger v. Ninth Street Bank and Trust Company

Appellate Division of the Supreme Court of New York, Second Department
Dec 1, 1930
231 App. Div. 828 (N.Y. App. Div. 1930)
Case details for

Schlenger v. Ninth Street Bank and Trust Company

Case Details

Full title:BERNARD SCHLENGER, Respondent, v. NINTH STREET BANK AND TRUST COMPANY and…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 1, 1930

Citations

231 App. Div. 828 (N.Y. App. Div. 1930)

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