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Wiebalk v. City of New York

131 N.Y.S. 1150 Court N.Y. App. Div. Decision date 1911-10-20 English

Contents

Majority

p. 1150
WIEBALK, Appellant, v. CITY OF NEW YORK, Respondent.
(Supreme Court, Appellate Division, Second Department.
October 20, 1911.)

Headnote

Action by Emma D. Wiebalk, as administratrix, etc., of Claus H. Wiebalk, deceased, against the City of New York.

Judgment and interlocutory orders of the Municipal Court reversed, with costs, on the ground that the orders of inter-pleader were unauthorized under section 187 of the Municipal Court act (Laws 1902, c. 580); the action not being on a contract, or to recover a chattel.