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Slauson v. Woehlkins

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1910
139 App. Div. 940 (N.Y. App. Div. 1910)

Opinion

July, 1910.


Order reversed, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, upon the grounds: First, that it does not appear that any notice of the motion was given to the alleged claimant ( Bullowa v. Provident Life Trust Co., 125 App. Div. 545); second, that if the party added as defendant has any claim, it is not for the debt or property which is the subject-matter of this action, but only a claim in equity against the plaintiff when he shall have collected such debt ( Hanna v. Manufacturers' Trust Co., 104 id. 90); and third, that the motion papers fail to disclose a reasonable demand made without collusion ( Boskowitz v. Boskowitz, 124 id. 849; St. John v. Union Mutual Life Ins. Co., 132 id. 515). Woodward, Jenks, Burr and Thomas, JJ., concurred; Hirschberg, P.J., dissented.


Summaries of

Slauson v. Woehlkins

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1910
139 App. Div. 940 (N.Y. App. Div. 1910)
Case details for

Slauson v. Woehlkins

Case Details

Full title:Edward V. Slauson, as Trustee in Bankruptcy of Salvator Brewing Company…

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

Date published: Jul 1, 1910

Citations

139 App. Div. 940 (N.Y. App. Div. 1910)