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PROSPECT COAL CO., INC., v. COMMERCIAL CREDIT

Supreme Court, Appellate Term, First Department.
Jan 15, 1937

PER CURIAM.

An assignment not otherwise shown invalid by a debtor to his judgment creditor of a credit in a bank account does not become invalid or subordinate to the claim of a prior judgment creditor who has merely served upon such bank a third-party order for examination in supplementary proceedings containing a restraining provision.

Order reversed, with ten dollars costs, and motion granted, with ten dollars costs.

All concur. Present — LYDON, HAMMER and FRANKENTHALER, JJ.