Hart v. Page Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Page Manufacturing Company, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 10th day of February, 1919, denying a motion to vacate an attachment against defendant’s property.
1Opinion of the Court
Blackmar, J.:
The complaint, liberally construed, states a cause of action. (Kayton v. Barnett, 116 N. Y. 625.)
The essential allegations are that John McIntyre & Co. were the agents of the defendant; that as such agents they borrowed from the plaintiff’s assignor, for the benefit of defendant, the moneys that this action is brought to recover and induced the plaintiff’s assignor to accept then promissory notes by false representations that they were doing business on their own account and were the owners of defendant’s property, which was in their hands as factors.
To sustain the attachment,…
2Cases cited8 opinions
- Murphy v. . JackNew York Court of Appeals · 1894
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Kayton v. . BarnettNew York Court of Appeals · 1889
- Manufacturers' National Bank v. HallNew York Supreme Court · 1891
- Calmon Asbestos & Rubber Works of America v. Asbest-Und-GummiwerkeAppellate Division of the Supreme Court of the State of New York · 1910
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3Cited by4 opinions
- Ehag Eisenbahnwerte Holding Aktiengesellschaft v. Banca Nationala a RomanieiNew York Court of Appeals · 1954
- Miller Bros. Construction Co. v. Thew Shovel Co.Appellate Division of the Supreme Court of the State of New York · 1936
- Republic of Italy v. De AngelisDistrict Court, S.D. New York · 1952
- Rives v. Zeiss-StiftungAppellate Division of the Supreme Court of the State of New York · 1940