Geneva Non-Magnetic Watch Co. v. Payne
New York Supreme Court
At chambers. Action by the Geneva Ifon-Magnetic Watch Company, Limited, against William H. Payne and Frederick D. Steck, for goods sold and delivered. An attachment was obtained by the plaintiff on the ground of fraud; and Bobert B. Holden and Charles I. Gardiner, junior lienholders, move to vacate the attachment for insufficiency of the affidavit.
1Opinion of the CourtLawbence, J.
Even if it be conceded, that the court can take notice of the fact that the person before whom the affidavit, to the undertaking purports to have been verified was a notary public, for the reason that from the certificate to the acknowledgment it appears that he describes himself as a notary, and even if the title' of the action in which the attachment sought to be set aside sufficiently appears from the indorsement upon the warrant, the objection still remains that it in no way appears that the secretary of the company, upon whose affidavit the attachment was issued, possessed any knowledge…
2Cases cited1 opinion
- Claflin v. BaereNew York Supreme Court · 1879