Wolfsohn Bros. v. Lanzit
Appellate Division of the Supreme Court of the State of New York
Appeal by the. defendants, Joseph . J. Lanzit and another, from an order of the "Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 1st day of November, 1910, denying the defendants’ motion to vacate an attachment.
1Opinion of the Court
Scott, J.:
The proofs of non-residence are sufficient, and the complaint, being composed of allegations sworn to as of his own knowledge by William II. Wolfsohn, may be treated as an affidavit. The difficulty is, however, that the complaint states no cause of action, or, if one can be spelled out, no facts are stated upon which an estimate can be made of plaintiff’s damages.
From some portions of. the complaint it would appear that plaintiff sues for a breach of warranty, but the damages in that case would be the difference between the value of the article as warranted and the actual value of…
2Cases cited1 opinion
- Isaacs v. . WanamakerNew York Court of Appeals · 1907
3Cited by2 opinions
- Geobgis v. GiocalasAppellate Division of the Supreme Court of the State of New York · 1929
- Barbrick v. CarreroAppellate Division of the Supreme Court of the State of New York · 1918