Smith v. Swenson
New York Supreme Court
Motion to vacate a warrant of attachment.
1Opinion of the CourtGildersleeve, J.
This is a motion to vacate a warrant of attachment, granted under the provisions of sections 635 and 636 of the Gode, in an action for breach of contract, on the ground of the nonresidence of the defendant. In the order to show cause why the attachment should not be vacated several reasons are assigned, only one of which, however, is valid. The attachment was granted on the affidavit of the plaintiff, which bases the cause of action upon the fact that the defendant agreed to sell to plaintiff some granite at certain prices, and that, relying upon said agreement, plaintiff contracted to sell…
2Cases cited1 opinion
- Golden Gate Co. v. JacksonNew York Supreme Court · 1884
3Cited by1 opinion
- Thorn v. AlvordNew York Supreme Court · 1900