Wishny v. Gottfried
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Nathan Wishny against Frank Gottfried and Samuel Cohen. From an order of the Municipal Court of the City of New York, denying a motion to vacate an attachment, defendant Cohen appeals. Reversed, and attachment vacated.
1Opinion of the CourtCohalan, J.
Plaintiff obtained a warrant of attachment, and levied thereunder upon the sum of $55 in cash. Service of process was made upon the defendant Cohen alone, who appeared and moved to vacate the attachment upon the ground of the insufficiency of the affidavit upon which it was based. The motion was denied, and from the order denying the motion this appeal is taken.
The only affidavit contained in the record is one made by the plaintiff, and the material portion thereof is as follows:
“The facts and circumstances which show the intent of the said Frank Gottfried and Samuel Cohen to defraud their…
2Cases cited3 opinions
- Sears v. Gearn & HoughtonNew York Supreme Court · 1852
- Donnelly Contracting Co. v. StantonSuperior Court of Buffalo · 1893
- Stow v. StacyNew York Supreme Court · 1890
3Cited by3 opinions
- In re the Estate of BehnckeNew York Surrogate's Court · 1939
- In re the Estate of BehnckeNew York Surrogate's Court · 1939
- Millang v. LambrosAppellate Terms of the Supreme Court of New York · 1915