Guarantee Savings, Loan & Investment Co. v. Moore
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Mew York county. Action by the Guarantee Savings, Loan & Investment Company against Bachel W. J. Moore, individually and as executrix of the will of George Moore, deceased, and others. " From an order denying a motion to vacate an attachment against the individual property of defendants Eachel and Archibald T. Moore and John C*. Shaw, they appeal.
1Opinion of the CourtBarrett, J.
The attachment here was sought to be vacated solely upon the ground that the complaint and affidavit failed to-set forth a cause of action against the defendants named in the-warrant. The rule is that, upon applications of this character, the attachment will be sustained unless the complaint and affidavits used upon the motion clearly indicate that the plaintiff must ultimately fail. Romeo v. Garofalo, 25 App. Div. 191, 49 N. Y. Supp. 114; Furbush v. Nye, 17 App. Div. 326, 45 N. Y. Supp. 214; Johnson v. Trim Co., 79 Hun, 407, 29 N. Y. Supp. 797. The question, then, is, are the plaintiff’s…
2Cases cited4 opinions
- Furbush v. NyeAppellate Division of the Supreme Court of the State of New York · 1897
- Johnson v. Hardwood Door & Trim Co.New York Supreme Court · 1894
- Sulzbacher v. J. Cawthra & Co.New York Court of Common Pleas · 1895
- Romeo v. GarofaloAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by5 opinions
- Lasby v. BurgessMontana Supreme Court · 1930
- Armstrong & Co. v. IrizarrySupreme Court of Puerto Rico · 1921
- Goodyear v. Commercial Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1901
- Armstrong & Co. v. IrizarrySupreme Court of Puerto Rico · 1921
- Bernstein v. Van Heyghen Freres Societe AnonymeCourt of Appeals for the Second Circuit · 1947