Legal Opinion

Nurenberg v. Keith

Appellate Terms of the Supreme Court of New York

Decided November 15, 1917PublishedCited by 6 opinions

Appeal by defendants from an order of the. Municipal Court of the city of New York, borough of Manhattan, first district, denying a motion to vacate and set aside a judgment and warrant of attachment against defendants.

1Opinion of the CourtOrdway, J.

The plaintiff, claiming to have made a contract with the defendants for the sale to them of a quantity of “ denims,” commenced an action against the defendants for damages for failure to deliver according to contract, by obtaining a warrant of attachment against the defendants as non-residents, and levying upon a certain account due to defendants in New York city. The only service of the summons, complaint and other papers was by delivery thereof to the debtor of the defendants in accordance with section 48 of the Municipal Court Code, which is as follows

“ Immediately upon making the…

2Cases cited6 opinions

  1. Windsor v. McVeighSupreme Court of the United States · 1876
  2. Stuart v. . PalmerNew York Court of Appeals · 1878
  3. Happy v. . MosherNew York Court of Appeals · 1872
  4. Fenton v. GarlickNew York Supreme Court · 1811
  5. Martin v. Central Vermont R. Co.New York Supreme Court · 1888

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3Cited by6 opinions

  1. Drew v. Northwestern Corp.Appellate Terms of the Supreme Court of New York · 1929
  2. Friedman v. Phillips & Co.City of New York Municipal Court · 1923
  3. Mayefsky v. DavisAppellate Terms of the Supreme Court of New York · 1931
  4. Pennington Furniture Co. v. Herman Miller Furniture Co.Appellate Terms of the Supreme Court of New York · 1934
  5. Gatto v. MurrayCity of New York Municipal Court · 1921

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