Assets Collecting Co. v. Goldsmith — 225 N.Y. 631

Majority

p. 631

Assets Collecting Company, Appellant, v. Samuel J. Goldsmith et al., Defendants, and Emanuel J. Myers et al., Respondents.

Headnote

Assets Collecting Co. v. Myers, 170 App. Div. 265 , affirmed.

(Argued November 25, 1918;

decided December 10, 1918.)

Appeal from a judgment, entered January 19, 1916, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed an order of Special Term denying a motion by defendants for judgment on the pleadings and granted said motion. The action was brought to recover damages for the alleged malicious prosecution of a bankruptcy proceeding in the United States District Court for the Southern District of New York to have Otto Heinze & Co., as

p. 632

copartnérs and the individual members, adjudicated involuntary bankrupts, and of which cause of action plaintiff claimed to be the assignee by divers mesne assignments.

Lawrence E. Brown and Ferdinand E. M. Bullowa for appellant.

Louis Marshall, Emanuel J. Myers and Gordon S. P. Kleeberg for respondents.

Judgment affirmed, with costs; no opinion.

Concur: His cock, Ch. J., Chase, Hogan, Cardozo, Pound and Andrews, JJ. Not sitting: McLaughlin, J.