Clements v. Doblin

Headnote

Attachmen t — execution — levy upon interest of defendant in property consigned to factors.

Clements v. Doblin, 209 App. Div. 208 , affirmed.

Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered May 2, 1924, which affirmed an order of Special Term denying a motion to vacate a levy made

under a. warrant of attachment directed against the property of defendant in the hands of a certain factor.

The following questions were certified:

“ 1. Under the facts appearing in this case, was the sheriff of the county of New York authorized to make a levy upon the interest of defendant in the property consigned to his factors?

“2. Was the sheriff of the county of New York authorized to make a levy upon assets of defendant then unliquidated, contingent as to existence and as to amount, upon the striking in May, 1927, of a balance of the account between defendant and his factors, and which accounting to ascertain said balance, is compellable and obtainable only in equity?

“ 3. Is the interest which a consignor has in merchandise consigned to his factors and in the proceeds therefrom under an agreement with his factors whereby the factors have a continuing hen upon all merchandise so consigned by the consignor and upon all the proceeds therefrom over a period of years, for advances, charges and guaranteed commissions to factors, such an interest as is subject to levy under a warrant of attachment? ”