Van Loon v. . Lyons
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff of the District Court of the city of New York for the seventh judicial, district. This action was commenced by attachment issued upon affidavits of one Stoeller and of plaintiff.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff of the District Court of the city of New York for the seventh judicial, district. This action was commenced by attachment issued upon affidavits of one Stoeller and of plaintiff. The material part of Stoeller’s affidavit is as follows: “ Deponent further says, that the defendant owes this deponent rent; * * * * that on the 22d day of April, 1870, this deponent called on défendant and requested the said defendant Lyons to pay him his rent;…
1Opinion of the Court
Reynolds, C.,
If Mr. Justice McGuire acquired jurisdiction to issue the attachment, the judgment by law must be affirmed. It was proved by the affidavit of Stoeller that the defendant owed him for rent; that she told him she could not pay; had disposed of her property and was about going to Canada. The affidavit of the plaintiff showed that the amount of the indebtedness was, on the 23d of April, 1870, $116.66, and added that “ the said Agnes Lyon is about to depart from this State, to wit, to Canada, as the defendant has informed this deponent, and that said defendant is about to secrete or…
2Cited by5 opinions
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- Kornblum v. KornblumAppellate Division of the Supreme Court of the State of New York · 2006
- Austin v. Goodbar Shoe Co.Supreme Court of Arkansas · 1895
- Booraem v. North Hudson County Railway Co.New Jersey Court of Chancery · 1888
- Heydemann v. Westinghouse Electric & Mfg. Co.District Court, S.D. New York · 1939