¶1The bank accounts constitute debts not capable of manual delivery and as to them the levy was valid. (Riggi Bros. Co., Inc., v. Bank of Barcelona, 187 App. Div. 213.) The contents of the safe deposit box were capable of manual delivery. Until the sheriff had obtained actual custody of such contents he could not and did not make a valid levy. (Anthony v. Wood, 96 N. Y. 180, 187.) The sheriff will be allowed poundage only on the amounts on deposit in the two bank accounts to the credit of the defendant. Submit order on notice.
171 Misc. 387
Press v. Vose
Decided April 5, 1939
New York Supreme Court · decided 1939-04-05
Cited by 1 later decisions — most recently June 1939
1 state decisions
Relies on Anthony v. . Wood
Good law ✅— No negative treatment on recordhow we know
Decided 1939-04-05
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