Ladenburg v. Commercial Bank of Newfoundland
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Commercial Bank of Newfoundland, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 13th day of January, 1896, denying the defendant’s motion to vacate a warrant of attachment theretofore granted in the action.
1Opinion of the Court
Barrett, J.:
The warrant of attachment- which the defendant moved to vacate was based upon the affidavit of Ernst Thalmann, one of the plaintiffs, and stated positively all the facts necessary to constitute a cause of action upon four hills of exchange made by the defendant, purchased by the plaintiffs, and protested for non-acceptance. The affidavits submitted on behalf of the defendant in no way controvert the existence of any of the facts supporting the plaintiffs’ cause of action, but were directed to showing that the affiant could not have had personal knowledge of the facts to which he…
2Cases cited2 opinions
- Crowns v. VailNew York Supreme Court · 1889
- Mojarrieta v. . SaenzNew York Court of Appeals · 1880
3Cited by22 opinions
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- Hanson v. MarcusAppellate Division of the Supreme Court of the State of New York · 1896
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Hayden v. MullinsAppellate Division of the Supreme Court of the State of New York · 1902
- Bruen v. NickelsAppellate Division of the Supreme Court of the State of New York · 1898
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