Chazy Marble Lime Co. v. Deely
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Martin Deely and others, from, an order, made by a justice of the Supreme Court and entered in the office of the clerk of the county of Clinton on the 6th day of May, 1903, denying the defendants’ motion to vacate a warrant of attachment theretofore issued in the action. The action is brought to recover damages for a breach "of contract.
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Appeal by the defendants, Martin Deely and others, from, an order, made by a justice of the Supreme Court and entered in the office of the clerk of the county of Clinton on the 6th day of May, 1903, denying the defendants’ motion to vacate a warrant of attachment theretofore issued in the action. 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…
1Opinion of the Court
Smith, 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 posi*152tion would seem to. be supported by the authorities. (See Ladenburg…
2Cases cited2 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Bloomingdale v. CookAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Ingalls Stone Co. v. NunnAppellate Division of the Supreme Court of the State of New York · 1909
- Hausner v. HausnerNew York Supreme Court · 1956