Greene v. Gonzales
New York Court of Common Pleas
Appeal by the defendant from a judgment of the Sixth District Court. The action was brought for services rendered in painting a dwelling-house at the request of the defendant, and was commenced by attachment, on the return of which, the defendant, by counsel, appeared solely to object, and moved to vacate the attachment upon the ground, amongst others, that the affidavit upon which it was issued was insufficient.
Read the full summary
Appeal by the defendant from a judgment of the Sixth District Court. The action was brought for services rendered in painting a dwelling-house at the request of the defendant, and was commenced by attachment, on the return of which, the defendant, by counsel, appeared solely to object, and moved to vacate the attachment upon the ground, amongst others, that the affidavit upon which it was issued was insufficient. The allegations of the affidavit appear in the opinion of the Court. The motion was denied, and judgment was rendered for the plaintiff, from which the defendant appealed to this…
1Opinion of the Court
By the Court.—Daly, F. J.
The affidavit upon which the warrant was granted was not sufficient. The only facts positively sworn to are these: the existence of the debt; that the plaintiff was induced to make the contract by a representation of the defendant which is not stated to have been untrue; that the defendant was frequently requested to pay it, but put off the plaintiff “ by various excuses”; and, that the business *413of the defendant is that of buying and selling pianos. This is all, as I have said, which is positively sworn to. The residue of the affidavit is upon information and belief.…
2Cases cited5 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Smith v. LuceNew York Supreme Court · 1835
- Morgan v. AveryNew York Supreme Court · 1850
- Broadhead v. McConnellNew York Supreme Court · 1848
- St. Amant v. De BeixcedonThe Superior Court of New York City · 1851
3Cited by1 opinion
- Townsend v. NebenzahlNew York Supreme Court · 1879