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Appellate Terms of the Supreme Court of New York, 1948

Chase National Bank v. Edwoods, Inc.

Chase National Bank v. Edwoods, Inc.
Appellate Terms of the Supreme Court of New York · Decided February 11, 1948 · Hecht
191 Misc. 508; 81 N.Y.S.2d 70; 1948 N.Y. Misc. LEXIS 2706

Counsel

J. Sloame Immerman and Jacob Neumark for respondent., Thomas P. Farley and Eugene H. Southall for appellant.

Chase National Bank v. Edwoods, Inc.

Opinion of the Court

Per Curiam.

The final order should he reversed, with $30 costs, on authority of Reed v. Bell & Co. (188 Misc. 914). Appeal to the Appellate Division in that case which was adjusted has been withdrawn. On consent of counsel and by reason of the lamented death of our colleague Mr. Justice McLaughlin, and division of opinion, this appeal has been added to the January, 1948, calendar. Leave to appeal to the Appellate Division is granted.

Hammer and Eder, JJ., concur.

Dissenting Opinion

Hecht, J.

I dissent from reversal and vote for affirmance for the reasons stated in my dissenting opinion in the Reed case (supra).

Final order reversed, etc.

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