Schultz v. Brackett Bridge Co.
New York Supreme Court
Motion to vacate an attachment.
1Opinion of the CourtHiscock, J.
The ' attachment in this action was granted .to accompany the summons on the ground that the defendant is a foreign corporation. The motion to vacate said attachment is made upon the ground that plaintiff’s cause of action is really one in equity for an accounting between himself and the defendant as copartners, and that, therefore, an attachment will not lie. Support for the motion, upon the ground in question, is sought by defendant in the evidence given upon the trial of the case upon its merits before a referee, and which evidence discloses the fact that plaintiff was to receive a share…
2Cases cited4 opinions
- Smith v. . BodineNew York Court of Appeals · 1878
- Heye v. TilfordAppellate Division of the Supreme Court of the State of New York · 1896
- Kirby v. ColwellNew York Supreme Court · 1894
- Chambers & McKee Glass Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Cole v. Rome Savings BankNew York Supreme Court · 1916
- Kalb v. LeffCity of New York Municipal Court · 1930