Dolbeer v. Stout
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by Frazier M. Dolbeer against John Stout, in which an attachment was issued. Defendant appeals from an order denying his motion to vacate the attachment.
1Opinion of the CourtGildersleeve, J.
This is an appeal from an order denying defendant’s motion to vacate an attachment. The plaintiff, by whom the attachment was obtained against the defendant, is the assignee of the cause of action. The affidavit upon which the attachment was issued was made by him, and in it he swears that the sum claimed is due “over and above all counter-claims known to him.” The defendant claims that the affidavit was insufficient, for the reason that, as the plaintiff is only the assignee of the cause of action, he should have added the words “or to his assignors, ” and that he should have shown from what…
2Cases cited4 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Crowns v. VailNew York Supreme Court · 1889
- Ruppert v. . HaugNew York Court of Appeals · 1881
- McVicker v. CampaniniNew York Supreme Court · 1888