Farrington v. Root
New York Court of Common Pleas
Appeal from trial term. Action by John T. Farrington against Edwin B. Boot and others. The complaint was dismissed, and plaintiff appeals.
1Opinion of the CourtPryor, J.
Under an attachment the defendants, it is alleged, took, or were concerned in taking, the plaintiff’s- goods. Pursuant to a motion upon the papers on which the attachment issued, it was vacated, but it is not apparent in the order that the supersedeas proceeded on the ground that the process was either void or irregular. The action in which the attachment issued was upon a promissory note, and against maker and indorser. It was the indorser’s goods that were taken, and it is he who sues in the present action.
The attachment is challenged as void or irregular because the affidavit fails to show…
2Cases cited7 opinions
- Marks v. . TownsendNew York Court of Appeals · 1885
- Fischer v. . LangbeinNew York Court of Appeals · 1886
- Woodcock v. BennetNew York Supreme Court · 1823
- Day v. . BachNew York Court of Appeals · 1881
- Fleming v. TourgeeNew York Supreme Court · 1891
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3Cited by2 opinions
- Agnew v. LathamNew York Supreme Court · 1907
- Siegel v. Northern Boulevard & 80th Street Corp.Appellate Division of the Supreme Court of the State of New York · 1968