Brewer v. Tucker
The Superior Court of New York City
Motion to discharge an attachment. This was an action upon a promissory note of $1094.79. The plaintiff procured an attachment upon the defendant’s property upon the following affidavit: [Title' of the cause.] City and County of Hew York, ss.: Benjamin Hewhouse' of said city, being duly sworn, says, that on ór about the seventh day of April, 1860, he sold and d'eliv- > ered to the defendant, at the "city of Hew York, a large quantity of general household furniture, amounting…
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Motion to discharge an attachment. This was an action upon a promissory note of $1094.79. The plaintiff procured an attachment upon the defendant’s property upon the following affidavit: [Title' of the cause.] City and County of Hew York, ss.: Benjamin Hewhouse' of said city, being duly sworn, says, that on ór about the seventh day of April, 1860, he sold and d'eliv- > ered to the defendant, at the "city of Hew York, a large quantity of general household furniture, amounting to nine thousand dollars and upwards, which said furniture said defendant used to furnish the “Hew Irving House” in…
1Opinion of the CourtHoffman, J.
—The action is to recover the amount of a promissory note made by the defendant.
I. The affidavit on which the attachment was obtained is insufficient. Hot a fact is stated which could justify the process, except upon information and belief. The sources of the information—the persons from whom it was obtained—rare not named, much less is any affidavit furnished made by any such person. (St. Amant a. De Beixcedon, 3 Sandf., 703 ; Furman a. Walter, 13 How. Pr., 348 ; Blason a. Bruno, 21 Ib., 112.)
H. I consider the rule to be settled, that it is only when a motion to discharge an attachment is…
2Cases cited5 opinions
- Genin & Lockwood v. TompkinsNew York Supreme Court · 1851
- Furman v. WalterNew York Supreme Court · 1856
- Dickinson v. BenhamNew York Supreme Court · 1860
- St. Amant v. De BeixcedonThe Superior Court of New York City · 1851
- Dickinson v. BenhamNew York Supreme Court · 1860
3Cited by2 opinions
- Waverly Co. v. Worthington Co.The Superior Court of the City of New York and Buffalo · 1893
- Waverly Co. v. Worthington Co.The Superior Court of New York City · 1893