Haskell v. Osborn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eay Templeton Osborn, 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 o'n the 8th day of June, 1898, denying her motion to vacate a warrant of attachment issued against her.
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Appeal by the defendant, Eay Templeton Osborn, 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 o'n the 8th day of June, 1898, denying her motion to vacate a warrant of attachment issued against her. This action was brought, as appears by the moving affidavits, to recover $26,617.92 as damages resulting from a breach of contract on the part of the defendant to perform in the play or coihic opera known as “Excelsior” for the sum of $275 per week.
1Opinion of the Court
Van Brunt, P. J.:
The attachment in question was issued upon the ground that the defendant, being a resident of the city of New York, had kept herself concealed with intent to avoid her creditors and to avoid service of a summons herein. There is- no evidence whatever that the defendant Avas keeping herself concealed for any purpose. .The affidavits relating to the.subject are simply a rehearsal of statements alleged to have been made by some person, of Avhich or of Avhom the defendant was not sIioavu to have any knowledge whatever. There is no evidence' Avliatever to show that the defendant…
2Cited by14 opinions
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- In re the Estate of BinghamNew York Surrogate's Court · 1942
- Bloomingdale v. CookAppellate Division of the Supreme Court of the State of New York · 1898
- Valentine Dolls, Inc. v. McMillanNew York Supreme Court · 1960
- Southwell v. KingslandAppellate Division of the Supreme Court of the State of New York · 1903
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