Legal Opinion

Cremins v. East Lake Woolen Co.

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

Decided June 29, 1896Published

Action by James Cremins against East Lake Woolen Company and Aaron M. IClaw. subsequent attaching creditor. J. Edward Ackley, for appellant. Emanuel BIumenstiel, for respondents.

1Per curiam

The moving papers of the junior attaching creditor fail to show that the summons in his action against the defendant had been served or published within the 30 days required by law, and that was necessary under the decision in the case of Ladenburg v. Bank, 2 App. Div. 477, 37 N. Y. Supp. 1085. The order vacating the plaintiff’s attachment must therefore be reversed, with §10 costs and disbursements, and motion denied, with §10 costs.

2Cases cited1 opinion

  1. Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896