Butterworth v. Boutilier
New York Supreme Court
Appeal from special term, Onondaga county. Attachment by Edwin Butterworth. and others against Enos Boutilier and another. From an order denying a motion to set aside the attachment, made on the papers used to obtain the attachment only, defendants appeal.
1Opinion of the CourtHardin, P. J.
1. Notwithstanding some of the affidavits used to obtain the attachment upon inspection are found to have a “want of a title,” we think no error was committed in refusing to set *873aside the attachment on that ground, as the affidavits “intelligibly referred to the action or special proceeding.” Code Civil Proc. § 728.
2. In the affidavit of Demorest he says “that he is the agent of the plaintiffs;” and that “he has charge of the business of these plaintiffs at the city of Hew York, and made the sale of the goods to these defendants for plaintiffs as above set forth, and has personal knowledge of…
2Cases cited5 opinions
- Buell v. . Van CampNew York Court of Appeals · 1890
- Ruppert v. . HaugNew York Court of Appeals · 1881
- Globe Yarn Mills v. BilbroughNew York Court of Common Pleas · 1892
- Wollreich v. FettretchNew York Supreme Court · 1889
- Conklin & Conklin v. DutcherNew York Supreme Court · 1850