Selser Bros. v. Potter Produce Co.
New York Supreme Court
Appeal from special term, New York county. Action by the Selser Brothers Company against the Potter Produce Company. From an order vacating and setting aside an attachment, judgment, and execution on motion of Charles H. Kuske, a junior attaching creditor, plaintiff appeals. Reversed.
1Opinion of the CourtParker, J.
Plaintiff and defendant were foreign corporations when this action was commenced, and the affidavit upon part the granting of the attachment was based did not set forth that the contract sued on was made, or that the cause of action arose, within this state. The attachment, therefore, was improperly granted. Smith v. Milk Co., 70 Hun, 348, 24 N. Y. Supp. 79.
Nineteen days afterwards, the defendant, in writing, offered to allow the plaintiff to take judgment against it for a sum which was about 25 per cent, less than that for which a recovery was demanded in the complaint. The offer was…
2Cases cited2 opinions
- Robinson v. Oceanic Steam Navigation Co.New York Court of Appeals · 1889
- Smith v. Union Milk Co.New York Supreme Court · 1893
3Cited by1 opinion
- Ladenburg v. Commercial BankNew York Supreme Court · 1895