Goodyear v. Commercial Fire Insurance
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. . Attachment by Frank H. Goodyear and others against the Commercial Fire Insurance Company. From an order vacating the attachment, plaintiffs appeal.
1Opinion of the CourtRumsey, J.
This motion was granted, and the writ of attachment vacated, upon the ground that the action was prematurely brought. Upon motions for relief of this kind, the merits of the action will not usually be considered, and, unless it is certain that the complaint is so defective that the plaintiffs cannot recover in the action, the motion will be denied, and the writ of attachment continued until the final determination of the action. Furbush v. Nye, 17 App. Div. 325, 45 N. Y. Supp. 214; Investment Co. v. Moore, 35 App. Div. 421, 54 N. Y. Supp. 787. The application of this rule requires that this…
2Cases cited3 opinions
- Furbush v. NyeAppellate Division of the Supreme Court of the State of New York · 1897
- Guarantee Savings Loan & Investment Co. v. MooreAppellate Division of the Supreme Court of the State of New York · 1898
- Guarantee Savings, Loan & Investment Co. v. MooreAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Jones v. Hygienic Soap Granulator Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Aspell Wholesale Grocery Co. v. MeekerCity of New York Municipal Court · 1907