Makepeace v. Dilltown Smokeless Coal Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Dilltown Smokeless Coal Company, 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 6th day of August, 1917, denying defendant’s motion to vacate a warrant of attachment.
1Opinion of the Court
Page, J.:
The action is brought by the plaintiff, as assignee of the Sterling CoalJCompany, Limited, to recover damages for alleged breach by the defendant of a contract for the delivery of 15,000 tons of|coal at one dollar and thirty cents per ton deliverable at the defendant’s mines at the rate of approximately 1,250 tons a month commencing September 1, 1916.
The plaintiff obtained a warrant of attachment upon a complaint, and affidavits purporting to support the allega*663tions of the complaint. Upon a prior appeal in this same action from an order denying a motion to vacate a prior attachment…
2Cases cited1 opinion
- Makepeace v. Dilltown Smokeless Coal Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by6 opinions
- Leon H. Glaser v. North American Uranium & Oil Corp., a CorporationCourt of Appeals for the Second Circuit · 1955
- Miller Bros. Construction Co. v. Thew Shovel Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Abdun-Nur v. ArbeedAppellate Division of the Supreme Court of the State of New York · 1921
- Pfaltz & Bauer, Inc. v. WienerAppellate Division of the Supreme Court of the State of New York · 1918
- Dexter & Carpenter, Inc. v. Lake & Export Coal Corp.Appellate Division of the Supreme Court of the State of New York · 1921
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