National Shoe & Leather Bank v. New York Life Insurance & Trust Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by the National Shoe & Leather Bank, of the city of New York, against the New York Life Insurance & Trust Company, impleaded with others. From an order of the special term granting a motion to vacate an attachment, plaintiff appeals.
1Opinion of the CourtBarrett, J.
We think the affidavits here were amply sufficient to confer jurisdiction to grant the attachment. The application to vacate the warrant was not made by the defendants, but by a junior attaching creditor; and it was made solely upon the papers upon which the attachment was granted. The affidavits fairly show that a change had occurred in the defendants’ financial condition, which materially reduced their ability to pay all claims and demands against them. The agreement between the parties was that, upon the occurrence of such a change, all of the defendants’ obligations in the hands of the…
2Cases cited1 opinion
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Finchley, Inc. v. Cooper & Co.Appellate Division of the Supreme Court of the State of New York · 1921