Bernstein & Loubet, Inc. v. Minkin

The opinion of the court was delivered by

Rafferty, J.

Respondent, as plaintiff in the Passaic County Circuit Court, instituted an action in attachment against defendant, appellant here, for the recovery of the value of certain merchandise which respondent alleged had been sold to appellant. Defendant below moved to set aside and vacate the writ of attachment as being improvidently entered upon insufficient affidavits. Prior to argument on the motion to quash, the parties entered into a stipulation, which has been filed in the cause, in the preamble of which it is stated that “the defendant…