Legal Opinion

Foster v. Scurich

New York Supreme Court

Decided March 15, 1899Published

Motion to vacate a warrant of attachment.

1Opinion of the CourtGiegerich, J.

The affidavit upon which, the attachment is based in substance alleges the sale by the defendants to the plaintiff,-on or about the 9th, day of September, 1898, of four car loads of fancy Newtown Pippins, at the agreed price of $1.25 per box, which were to be delivered on board of cars' at -Watsonville, in the State of California, during the months of October and November, 1898; the payment of $200 on account of the contract; the delivery of one car- load of apples, which the plaintiff paid for at the said agreed price per box; the refusal of the defendants to' deliver the remainder of said…

2Cases cited2 opinions

  1. Haskell v. OsbornAppellate Division of the Supreme Court of the State of New York · 1898
  2. Bloomingdale v. CookAppellate Division of the Supreme Court of the State of New York · 1898

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