Dexter & Carpenter, Inc. v. Lake & Export Coal Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dexter & Carpenter, Inc., 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 12th day of January, 1921, resettling an order entered in said clerk’s office on the 20th day of December, 1920, vacating a warrant of attachment against the property of the defendant and refusing to permit to be read or considered certain affidavits permitted to be served and filed by…
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Appeal by the plaintiff, Dexter & Carpenter, Inc., 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 12th day of January, 1921, resettling an order entered in said clerk’s office on the 20th day of December, 1920, vacating a warrant of attachment against the property of the defendant and refusing to permit to be read or considered certain affidavits permitted to be served and filed by the court on the return of the motion to vacate the warrant of attachment.
1Dissent
Merrell, J. (dissenting):
The plaintiff has appealed from an order of the Special Term vacating a warrar - °++achment granted plaintiff herein • r "—.-n in an action recover damages for breach of contract. Defendant made tfig motion to vacate the warrant of attachment upon the papers upon which it was granted, which consisted of the complaint and an affidavit of one Carpenter, the vice-president and treasurer of the plaintiff corporation. Defendant’s motion to vacate the warrant of attachment was upon the ground that no facts were stated in the papers upon which the warrant was obtained to…
2Cases cited6 opinions
- Ziehen v. . SmithNew York Court of Appeals · 1896
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Conklin v. Federal Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Makepeace v. Dilltown Smokeless Coal Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Makepeace v. Dilltown Smokeless Coal Co.Appellate Division of the Supreme Court of the State of New York · 1917
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