Herzberg v. Boiesen
City of New York Municipal Court
Action by one Herzberg against one Boiesen. Heard on motion to vacate a warrant of attachment.
1Opinion of the CourtMccarthy, J.
Motion to vacate warrant of attachment on original papers: (1) That the plaintiff has applied for an attachment upon two grounds, and alleging, in the alternative, that the defendant has assigned, disposed of, or secreted his property, and not relying upon any positive grounds; (2) upon the ground that there is no positive and legal .evidence showing that there are no counterclaims existing in favor of plaintiff’s alleged assignor; and (3) that the plaintiff, suing as alleged assignee of a foreign corporation, was bound to bring himself within the provisions of the law of this state…
2Cases cited13 opinions
- Crowns v. VailNew York Supreme Court · 1889
- Cronin v. . CrooksNew York Court of Appeals · 1894
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- Stone v. PrattNew York Supreme Court · 1895
- Hanson v. MarcusAppellate Division of the Supreme Court of the State of New York · 1896
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3Cited by1 opinion
- MacAfferr v. Boston & Maine RailroadAppellate Division of the Supreme Court of the State of New York · 1934