Murphy v. Jack
New York Supreme Court
Appeal from special term, New York county. Action by Charles S. Murphy against William C. Jack and Millard F. Payne. From an order granting a motion' to vacate an attachment made on the papers on which the writ was granted, plaintiff appeals. Eeversed. It is alleged in the verified complaint that the defendants purchased goods of the plaintiff, and agreed to pay therefor $1,854.80, July 20, 1893, but have not paid the same, nor any part thereof.
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Appeal from special term, New York county. Action by Charles S. Murphy against William C. Jack and Millard F. Payne. From an order granting a motion' to vacate an attachment made on the papers on which the writ was granted, plaintiff appeals. Eeversed. It is alleged in the verified complaint that the defendants purchased goods of the plaintiff, and agreed to pay therefor $1,854.80, July 20, 1893, but have not paid the same, nor any part thereof. The complaint was verified by one of the plaintiff’s attorneys, for the reason, as stated in the verification, that the plaintiff was not then in…
1Opinion of the CourtFollett, J.
The right to attach property to secure the payment of a debt before recovering a judgment against the alleged debtor is not a common-law right, but in this, as in most of the states, it exists by virtue of statutes, the requirements of which, and the procedure prescribed by them, must be substantially complied with by the attaching creditors, in order to acquire a valid lien on the debtor’s property. Our Code requires the plaintiff “to show by affidavit, to the satisfaction of the judge granting the same, [attachment,]” the necessary facts. The Code does not require that the affidavit shall…
2Cases cited4 opinions
- Crowns v. VailNew York Supreme Court · 1889
- Buell v. . Van CampNew York Court of Appeals · 1890
- Globe Yarn Mills v. BilbroughNew York Court of Common Pleas · 1892
- Kokomo Straw Board Co. v. InmanNew York Supreme Court · 1889
3Cited by1 opinion
- Penn Oil & Supply Co. v. CohnAppellate Division of the Supreme Court of the State of New York · 1909