Legal Opinion

Benham v. Lumberman's Bank

New York Supreme Court

Decided December 15, 1839Published

1Opinion of the Court

By the Court, Brokson, J.

The action was commenced by attachment against a foreign corporation and copies of the bills or bank notes on which the suit was brought, were necessarily produced to the officer on issuing the attachment. 2 R. S. 460, § 18. The charge of $18.25 for those copies was properly allowed. The like charge for copies of the notes filed with the declaration was also proper. That was the only way in which the plaintiff could have his damages assessed by the clerk on a judgment by default, as the declaration only contained the money counts. Statutes, Sess. of 1832, p. 490, §…

2Cases cited1 opinion

  1. People ex rel. Union Bank v. New York C. P.New York Supreme Court · 1838

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