Legal Opinion

Selser Bros. v. Potter Produce Co.

New York Supreme Court

Decided March 1, 1894Published

Action by Sel ser Bros. Company against the Potter Produce Company to recover for goods sold and delivered. Plaintiff caused an attachment to be issued and levied on certain goods which had been consigned by defendant to factors for sale on commission. After-wards, a junior attachment creditor moved to dissolve plaintiff’s attachment, and to set aside the judgment entered in favor of plaintiff, and an execution issued thereon. Granted.

1Opinion of the CourtPattebsoh, J.

This motion is made by a junior attaching creditor to vacate an attachment granted to the plaintiff in this action, and also to vacate a judgment entered in favor of the plaintiff herein against the defendant, and an execution issued on such judgment. The question discussed relates to the jurisdiction of *295this court over foreign corporations. The papers show that this plaintiff and the defendant are both corporations of that character. In the month of November, 1893, and in this action, an attachment was granted upon an affidavit which clearly was insufficient to confer jurisdiction under the…

2Cases cited3 opinions

  1. Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
  2. McCormick v. . Pennsylvania Central R.R. Co.New York Court of Appeals · 1872
  3. Smith v. Union Milk Co.New York Supreme Court · 1893

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