Norden v. Duke
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Hermann Norden and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 14th day of June, 1905, vacating upon the merits a warrant of attachment theretofore granted in the action.
1Opinion of the Court
Hatch, J.:
The action was brought to recover the sum of $4,500, with interest thereon from the 22d day of December, 1903. The warrant of *515attachment in the action was issued upon the ground of the non-residence of the defendant, which is not denied. The plaintiffs are cotton brokers, and on the 22d day of December, 1903, they received an order purporting to come from the defendant to sell upon the stock market for him 2,000 bales of March cotton at a given price. The order was executed, cotton continued to rise in price, and the defendant suffered a loss. The notice of motion does not specify…
2Cases cited2 opinions
- Furbush v. NyeAppellate Division of the Supreme Court of the State of New York · 1897
- Janin v. Cheney Bros.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- Buttz v. Warren Machine Co.Indiana Court of Appeals · 1914
- Norden v. DukeAppellate Division of the Supreme Court of the State of New York · 1908