MACKLER v. HYDE ESTATE


199 Misc. 837 (1951)

Albert Mackler, Respondent, v. Richard Hyde Estate, Inc., Appellant. Lee Mackler, Respondent, v. Richard Hyde Estate, Inc., Appellant.

Supreme Court, Appellate Term, First Department.

March 29, 1951.


Attorney(s) appearing for the Case

Herbert F. Garrick and Frederick J. Hamilton for appellant.

Edward Halle for respondents.

EDER and SCHREIBER, JJ., concur; HAMMER, J., dissents and votes for affirmance.


Per Curiam.

Defendant retained North American Credit Bureau, a collection agency, and Wray Fleming, an attorney, to collect a judgment obtained against the plaintiff, Albert Mackler, in 1939. The defendant was unaware at the time this arrangement was made that Mr. Mackler had been discharged in bankruptcy and that the judgment had been assigned. Fleming turned the matter over to the law firm of Kalvin & Conway, who served third-party subpoenas and restraining...

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