Whitney v. . Davis
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 4, 1895, which affirmed an order of Special Term denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made June 4, 1895, which affirmed an order of Special Term denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. This action is maintainable as an action in aid of an attachment without an allegation or proofs that Davis had made default in the attachment suit, all the allegations of the complaint and the moving affidavits being accepted as true. (Code Civ. Pro. §§ 636, 638, 641, 645, 655, 708, 1671, 1672; Thayer v. Gillett, 9 Abb. Pr.…
1Opinion of the CourtGray, J.
This action was brought in aid of an attachment which had issued in another action against the defendant Davis. In that other action this plaintiff, Whitney, as assignee of the Lincoln Rational Bank of Boston, Massachusetts, had sued Davis upon certain promissory notes, upon which he was endorser. Both plaintiff and defendant were residents of the state of Massachusetts and the summons and complaint therein were served there. The plaintiff in that action procured the issuance of an attachment against the defendant as a non-resident. Before the defendant’s time to answer in that action had…
2Cases cited2 opinions
- Thurber v. . BlanckNew York Court of Appeals · 1872
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
3Cited by10 opinions
- American Surety Co. v. ConnerNew York Court of Appeals · 1929
- Ackerman v. TobinCourt of Appeals for the Eighth Circuit · 1927
- Kittredge v. LangleyNew York Court of Appeals · 1930
- Castriotis v. . Guaranty Trust Co.New York Court of Appeals · 1920
- Butcher v. PearsonAppellate Division of the Supreme Court of the State of New York · 1899
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