Legal Opinion

Thompson v. Dater

New York Supreme Court

Decided July 7, 1890PublishedCited by 11 opinions

Appeal from Rensselaer county court. Application by Charles W. Dater and another to vacate an attachment levied on their property at the suit of James Thompson and others. Application denied. Defendants appeal.

1Opinion of the CourtLearned, P. J.

This is an appeal from an order refusing to vacate on the original papers an attachment against property of defendants. The grounds recited in the attachment are that a cause of action exists on breach of contract for sale of goods and on a promissory note, and that defendants have assigned, disposed of, and secreted their property with intent, etc., and are about to assign, etc., with like intent. The action, therefore, is not for injury to property, but for breach of contract in not paying a debt. The question on the appeal is whether there was evidence justifying the holding that…

2Cited by11 opinions

  1. Eaton Factors Co. v. Double Eagle Corp.Appellate Division of the Supreme Court of the State of New York · 1962
  2. Rosenthal v. Rochester Button Co.Appellate Division of the Supreme Court of the State of New York · 1989
  3. J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
  4. J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
  5. Bump v. DehanyNew York Supreme Court · 1891

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