Finchley, Inc. v. Cooper & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Finchley, Inc., 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 29th day of June, 1921, granting defendant’s motion to vacate a warrant of attachment against its property.
1Opinion of the Court
Greenbaum, J.:
The motion to vacate was made upon the ground that the papers upon which the attachment was issued were insufficient in law; that they did not contain proof of the cause of action, nor proof of the allegation that the defendant is a foreign *370corporation, and upon the further ground that neither the complaint nor the affidavits were verified according to law. Upon the return day of the motion, supplementary affidavits were filed pursuant to the provisons of section 768 of the Code of Civil Procedure, the defendant not objecting. The additional affidavits supplied the technical…
2Cases cited5 opinions
- California Packing Corp. v. Kelly Storage & Distributing Co.New York Court of Appeals · 1920
- Dexter & Carpenter, Inc. v. Lake & Export Coal Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- E. & H. T. Anthony & Co. v. FoxAppellate Division of the Supreme Court of the State of New York · 1900
- Barstow Stove Co. v. DarlingNew York Supreme Court · 1894
- National Shoe & Leather Bank v. New York Life Insurance & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
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