Chazy Marble Lime Co. v. Deely
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Clinton County. Action by the Chazy Marble Lime Company against Martine Deely and others. From an order denying a motion to vacate an attachment, defendants appeal. Reversed. The action is brought to recover damages for a breach of contract.
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Appeal from Special Term, Clinton County. Action by the Chazy Marble Lime Company against Martine Deely and others. From an order denying a motion to vacate an attachment, defendants appeal. Reversed. The action is brought to recover damages for a breach of contract. In the contract the defendants agreed to manufacture and deliver for a period of five years from February 20, 1901, all the 'magnesia lime of a certain grade and quality that could be produced from four kilns, and to be produced from the best rock and stone taken from the defendants’ quarry; shipments to be made as and when…
1Opinion of the CourtSmith, J.
Defendants challenge the sufficiency of the papers upon which the attachment rests on‘the ground that there is no proof of any damage suffered by the plaintiff by reason of the breach of the contract. They do not question the right of the plaintiff to an attachment where unliquidated damages only are demanded. The defendants contend, however, that there must be evidence of such damage sufficient to authorize the court to say prima facie that damage to the amount claimed has been sustained by the plaintiff. This position would seem to be supported by the authorities. See Ladenburg v. Com.…
2Cases cited5 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Manufacturers' National Bank v. HallNew York Supreme Court · 1891
- Bloomingdale v. CookAppellate Division of the Supreme Court of the State of New York · 1898
- Bloomingdale v. CookAppellate Division of the Supreme Court of the State of New York · 1898