HEENE v. SEWELL


19 Misc.2d 118 (1959)

Ferdinand Heene, Plaintiff, v. Cornelius V. V. Sewell et al., Defendants.

Supreme Court, Special Term, Ulster County.

July 13, 1959.


Attorney(s) appearing for the Case

Hugh R. Elwyn for plaintiff.

Joseph F. Clunan for Rochelle P. Ricca, defendant.


HERBERT D. HAMM, J.

In this case the plaintiff gave a postdated check to the defendant Rochelle Peggy Ricca for commission on the sale of his property. When the defendant Sewell made claim for commission the plaintiff stopped payment on the check.

The defendant Ricca raises an issue as to the power of a court to grant an injunction when an interpleading plaintiff resorts to subdivision 2 of section 285...

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