Legal Opinion

Miller v. Jones

Appellate Terms of the Supreme Court of New York

Decided April 15, 1915Published

Appeal from City Court of New York, Special Term. Action by Edward S. Miller against Saunders P. Jones and others. From an order vacating a warrant of attachment, upon a motion based on the insufficiency of the papers on which it was obtained, plaintiff appeals. Reversed.

1Opinion of the CourtBijur, J.

The attachment was obtained on an affidavit relying on a cause of action set forth in the complaint referred to in the affidavit as “hereto annexed.” It further alleged that plaintiff was entitled to recover the sum of money over and above all counterclaims known to the plaintiff, and that the defendants are not residents of the city of New York, but reside in Louisville, Ky., and that the goods for the price of which the action was brought were delivered to defendants in Louisville, Ky., and where they have their distillery and principal office for the the transaction of business. The…

2Cases cited3 opinions

  1. N. Dain's Sons Co. v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910
  2. Geduld v. BaltimoreAppellate Terms of the Supreme Court of New York · 1911
  3. Pettit v. United States Motor Co.New York Supreme Court · 1912

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