National Enameling & Stamping Co. v. Kaplan
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Joseph Kaplan, 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 15th day of November, 1899, denying his motion to vacate a writ of replevin theretofore issued in the action.
1Opinion of the Court
Rumsey, J. :
The motion was made upon two grounds: First, that the affidavit was not made by the plaintiff, and, second, that it does not conform to the requirements of section 1695 of the Code of Civil Procedure. As the plaintiff is a corporation, and, therefore, could not make an affidavit, any official engaged in its management and familiar with the facts might properly do so. The affiant here was the treasurer of the plaintiff and there is every reason why he should have made the affidavit. So far as the allegations of wrongful detention in the affidavit are concerned, they are precisely…
2Cases cited1 opinion
- Schwietering v. RothschildAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- Croker Fire Prevention Corp. v. JacobsAppellate Division of the Supreme Court of the State of New York · 1932
- Marshall v. FriendAppellate Division of the Supreme Court of the State of New York · 1901