Dolbeer v. Stout

By the Court.—Gildersleeve, J.

This is an appeal from an order denying defendant’s motion to vacate an attachment. The plaintiff, by whom the ■attachment was obtained against the defendant, is the assignee of the cause of action. The affidavit upon which the attachment was issued was made by him; and in it he swears that the sum claimed is due “ over and above all counter-claims known to bim.” The defendant claims that the affidavit was insufficient for the reason that as the plaintiff is .only the assignee of the cause of action, he should have added the words “ or to his assignors,” and that…