Delafield v. J. K. Armsby Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Richard Delafield and others, from an order of the Supreme Court, made at the Yew York Special Term and entered in the office of the clerk of the county of Yew York on the 24th day of January, 1901^ vacating a warrant of attachment upon the papers on which the same was granted.
1Opinion of the Court
Ingraham, J.:
A warrant of attachment was granted in this action against the defendant, a foreign corporation, upon the verified complaint and an affidavit of one of the plaintiffs. A motion to vacate the warrant was made upon the ground (first) that “ no sufficient cause of action for which an attachment can issue is shown to exist by the papers whereon said warrant was granted; (second) that the papers upon which the warrant was granted do not snow that the plaintiffs are entitled to recover the sum stated therein, over and above all counterclaims known to them.” It appeared that the cause…
2Cited by2 opinions
- Roth v. American Piano Manufacturing Co.New York Supreme Court · 1901
- Box Board & Lining Co. v. Vincennes Paper Co.New York Supreme Court · 1904