Murphy v. Lindstedt
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William E. Lindstedt, Ji\, 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 19th day of January, 1911, denying the defendant’s motion to vacate an attachment for insufficiency of the papers upon which it was granted.
1Opinion of the Court
Miller, J.:
The question on this appeal is whether the plaintiff showed, as required by section 636 of the Code of Civil Procedure, that one of *778the causes of action, specified in section 635 of the Code of Civil Procedure, existed against the defendant.
The plaintiff has characterized his action as one for breach of contract. He now asserts, however, that sufficient facts are shown to make out a cause of action for breach of contract, wrongful conversion of personal property or injury to property. . A failure, to state, or a mistake in recititig, the nature of the cause of action does not…
2Cases cited1 opinion
- Fox v. MaysAppellate Division of the Supreme Court of the State of New York · 1899