Reedy Elevator Co. v. American Grocery Co.
Appellate Terms of the Supreme Court of New York
Appeal from an order of the General Term of the City Court, reversing an order of the Special Term, setting aside a warrant of attachment.
1Opinion of the CourtGildersleeve, J.
The motion to set aside the warrant of attachment was made on the original papers upon which the attachment was granted. The averments, contained in the affidavits and papers, upon which the attachment was issued, as well as the fair inferences to be drawn therefrom, are to be deemed to be true, for the purposes of the motion. See Phillips v. Wortendyke, 31 Hun, 192; Condouris v. Turkish Co., 3 Misc. Rep. 66. The papers aver that plaintiff is a foreign - corporation, doing business in this state, and has complied with all the requirements of sections 15 and 16 of chapter 687 of the Laws of…
2Cases cited8 opinions
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Wright v. . BrownNew York Court of Appeals · 1876
- O'Reilly v. GreeneNew York Supreme Court · 1896
- Romeo v. GarofaloAppellate Division of the Supreme Court of the State of New York · 1898
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3Cited by4 opinions
- A. Klipstein & Co. v. MarchmedtAppellate Terms of the Supreme Court of New York · 1903
- In re the Accounting of HellerNew York Surrogate's Court · 1954
- Batchelder & Lincoln Co. v. KnopfAppellate Division of the Supreme Court of the State of New York · 1900
- Batchelder & Lincoln Co. v. KnopfAppellate Division of the Supreme Court of the State of New York · 1900