Legal Opinion

Breakstone Bros. Bronx Branch, Inc. v. Hyman

Appellate Terms of the Supreme Court of New York

Decided March 15, 1916PublishedCited by 1 opinion

Appeal from an order of the Municipal Court, borough of the Bronx, second district, entered January 17, 1916, denying defendant’s motion to vacate an attachment upon the papers upon which it was granted.

1Opinion of the CourtWeeks, J.

The warrant of attachment was issued upon a summons dated January 3,1916, and affidavits verified January 4, 1916, showing an indebtedness amounting to $106.39 to two creditors for merchandise sold between October 19 and December 27, 1915; that on January 3, 1916, at about two o’clock in the afternoon, several men were seen in defendant’s grocery store taking stock from the shelves, rearranging same and putting tickets on the different lots; that defendant was not there and that the men in the store said he was at home and that he had made an assignment for the benefit of his creditors; that…

2Cases cited4 opinions

  1. Cronin v. . CrooksNew York Court of Appeals · 1894
  2. First National Bank v. WallaceAppellate Division of the Supreme Court of the State of New York · 1896
  3. Head v. WollnerNew York Supreme Court · 1889
  4. Rogers v. IngersollAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by1 opinion

  1. Rieffer v. Home Indemnity Co.District of Columbia Court of Appeals · 1948

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