Auerbach v. Internationale Wolfram Lampen Aktien Gesellschaft
District Court, S.D. New York
Action by Julius Auerbach, as assignee of J. Walter Douglass, against the Internationale Wolfram Dampen Aktien Gesellschaft. On motion to vacate an attachment. This is a motion to dissolve an attachment levied by the plaintiff upon a contract between the defendant and the General Electric Company. The defendant is a corporation organized under tlie laws of the kingdom of Hungary, and having its principal place ol' business in the city of Budapest.
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Action by Julius Auerbach, as assignee of J. Walter Douglass, against the Internationale Wolfram Dampen Aktien Gesellschaft. On motion to vacate an attachment. This is a motion to dissolve an attachment levied by the plaintiff upon a contract between the defendant and the General Electric Company. The defendant is a corporation organized under tlie laws of the kingdom of Hungary, and having its principal place ol' business in the city of Budapest. The plaintiff, a resident of New York, is the assignee of one ,T. Walter Douglass, who is, in fact, the real party in interest here, and who is…
1Opinion of the CourtHand, District Judge
(after stating the facts as above). It is the settled law of the state of New York that the plaintiff must show a cause of action to the satisfaction of the judge with reasonable certainty. Section 636 of the New York Code; Ladenburg v. Commercial Bank, 87 Hun, 269, 83 N. Y. Supp. 821. It is not enough that the complainant merely alleges a cause of action. Wallace v. Baring, 21 App. Div. 477, 48 N. Y. Supp. 692. Of the four causes of action the three first are based upon the contract of January 14, 1909, and the fourth is upon a' quantum meruit. The first cause of action is based upon the…
2Cases cited10 opinions
- Sibbald v. . the Bethlehem Iron CompanyNew York Court of Appeals · 1881
- Green v. ColeSupreme Court of Missouri · 1890
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Milligan v. OwenSupreme Court of Iowa · 1904
- Rees v. PellowCourt of Appeals for the Sixth Circuit · 1899
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3Cited by9 opinions
- Shea v. Second Nat. BankCourt of Appeals for the D.C. Circuit · 1942
- Hutchinson v. Dobson-Bainbridge Realty Co.Court of Appeals of Tennessee · 1946
- Levander v. JohnsonWisconsin Supreme Court · 1923
- Heffernan v. Merrill Estate Co.California Court of Appeal · 1946
- Moore v. BurkeDistrict of Columbia Court of Appeals · 1946
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