Appellate Terms of the Supreme Court of New York, 1937

Prospect Coal Co. v. Commercial Credit Corp.

Prospect Coal Co. v. Commercial Credit Corp.
Appellate Terms of the Supreme Court of New York · Decided January 15, 1937
161 Misc. 780; 293 N.Y.S. 231; 1937 N.Y. Misc. LEXIS 1493

Counsel

Edward F. Kole, for the appellant., Dills, Muecke & Schelker [Moses Golden of counsel], for the respondent.

Prospect Coal Co. v. Commercial Credit Corp.

Opinion of the Court

Per Curiam.

An assignment not otherwise shown invalid by a debtor to his judgment creditor of a credit in a bank account does not become invalid or subordinate to the claim of a prior judgment creditor who has merely served upon such bank a third-party order for examination in supplementary proceedings containing a restraining provision.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur. Present — Lydon, Hammer and Franken-THALER, JJ.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.