Legal Opinion

Gotham National Bank v. Martin

Appellate Division of the Supreme Court of the State of New York

Decided April 9, 1915PublishedCited by 1 opinion

Appeal by the plaintiff, The Gotham National Bank of New York, 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 6th day of February, 1915, vacating a warrant of attachment herein against defendants’ property granted on the ground of their non-residence.

1Opinion of the Court

Hotchkiss, J.:

In the affidavit of plaintiff’s president, verified January 12, 1915, he swore on information and belief that the defendants are non-residents of this State and resided somewhere in France. His information and belief were founded upon statements made to him by one Wormser, to the effect that the latter had been introduced to him by defendant Louis Martin as the manager of his business and as holding his power of attorney; that on January 8, 1915, Wormser had told him that *272defendant Louis and defendant Louise, his wife, had sailed foi France on April 22, 1914, where they had…

2Cases cited1 opinion

  1. Hanover National Bank v. StebbinsNew York Supreme Court · 1893

3Cited by1 opinion

  1. Bonwit Teller, Inc. v. MorrisNew York Supreme Court · 1952

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