BAUMGOLD BROS. v. SCHWARZSCHILD BROS.


276 A.D. 158 (1949)

Baumgold Bros., Inc., Appellant, v. Schwarzschild Brothers, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

December 20, 1949.


Attorney(s) appearing for the Case

John M. Aherne of counsel (James M. Hughes with him on the brief; Bigham, Englar, Jones & Houston, attorneys), for appellant.

Walter C. Lundgren of counsel (LeRoy R. Cohen, Jr., Edwin S. Cohen and Francis P. Kelly with him on the brief; Lundgren, Bartels & Lincoln, attorneys), for respondent.

PECK, P. J., GLENNON, VAN VOORHIS and SHIENTAG, JJ., concur.


DORE, J.

The issue is whether Special Term properly vacated the sheriff's levy on defendant's interest in the proceeds of an insurance policy solely because at the time of the levy defendant, the insured, had not filed proof of loss with the insurer.

Plaintiff, a wholesale jeweler, delivered to defendant, a Virginia corporation, jewelry of the agreed value of $64,119.45 under contract providing that the...

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