Cohen v. Illinois Surety Co.

Full title: IDA COHEN, Suing on Behalf of Herself and Other Creditors of RUBIN…

Court: Appellate Division of the Supreme Court of New York, First Department

Date published: Mar 12, 1915

166 App. Div. 680 (N.Y. App. Div. 1915)

152 N.Y.S. 763

Opinion

March 12, 1915.

Samuel Hoffman, for the appellant.

L. Laflin Kellogg, for the respondent.

HOTCHKISS, J.:

The issues in this case are identical with those in Sciaballa v. Illinois Surety Co. ( 166 App. Div. 677), decided herewith, and the decision herein should follow the decision in that case.

INGRAHAM, P.J., and LAUGHLIN, J., concurred; McLAUGHLIN and DOWLING, JJ., dissented.

Judgment reversed, with costs, and judgment ordered for plaintiff as directed in opinion. Order to be settled on notice.