Hardon v. Dixon
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Henry W, Hardon, as assignee of Thomas W. Bobertson for the benefit of creditors, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county' of New York on the 4th day of December, 1903, upon the dismissal of the complaint by direction of the court after- a'trial at the New York Trial Term.
1Dissent
Ingraham, J. (dissenting) :
• I dissent from the reversal of this judgment. There was no evidence that a notice was served by the sheriff of New York upon the New York Produce Exchange Safe Deposit and Storage Company, which complied with subdivision 3 óf section 649 of the Code of Civil Procedure, and the right of the plaintiff to recover depends upon the allegation of the complaint that “ thereunder the then sheriff attached the said promissory notes hereinafter mentioned by leaving a certified copy of said warrant and a notice showing the property attached with the said New York Produce…
2Cases cited1 opinion
- Simpson v. Jersey City Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1900