Shuler v. Birdsall, Waite & Perry Manufacturing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by Elmore G. Page, as temporary receiver of-the Birdsall, Waite & Perry Manufacturing Company, from an order made by the county judge of Broome county, and entered in the office of the clerk of the county of Broome on the • 16th day of February, 1897, denying his motion to vacate a warrant of attachment issued hy said judge against the property" of the defendant, a domestic corporation. ■ The motion to vacate was made on the original papers upon which the attachment…
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Appeal by Elmore G. Page, as temporary receiver of-the Birdsall, Waite & Perry Manufacturing Company, from an order made by the county judge of Broome county, and entered in the office of the clerk of the county of Broome on the • 16th day of February, 1897, denying his motion to vacate a warrant of attachment issued hy said judge against the property" of the defendant, a domestic corporation. ■ The motion to vacate was made on the original papers upon which the attachment was granted, find the ground of the motion was the insufficiency of the affidavit of William H. Son upon which the…
1Opinion of the Court
Merwin, J.:
The question on this appeal is whether the affidavit upon which the attachment is based is sufficient to authorize it. The affidavit and warrant are dated December 11, 1896.
It appears that the plaintiffs are copartners doing business at Amsterdam, N. Y., and the defendant is a domestic corporation, having its place óf business in the village of Whitney’s Point, N. Y. The plaintiffs’ cause of action is based upon two promissory notes executed and delivered by the defendant at Cortland, N. Y., payable to the order of plaintiffs one month after date, one for $95.50, dated November 3,…
2Cases cited3 opinions
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Casola v. . VasquezNew York Court of Appeals · 1895
- First National Bank v. WallaceAppellate Division of the Supreme Court of the State of New York · 1896
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- Sill Stove Works v. ScottAppellate Division of the Supreme Court of the State of New York · 1901
- Foster v. RogersNew York Supreme Court · 1900
- Weehawken Wharf Co. v. Knickerbocker Coal Co.Appellate Terms of the Supreme Court of New York · 1898