McCulloh v. Aeby & Co.
New York Supreme Court
Appeal from special term, New York county. Action by Charles S. McCulloh, as receiver of the Hon-Magnetic Watch Company of America, against Alfred Aeby, Leo Aeby, and Aeby & Co. Aeby & Co. appeal from part of an order refusing to vacate, as against them, a warrant of attachment obtained by plaintiff.
1Opinion of the CourtDaniels, J.
Two individuals were sued with this defendant in this action, and as to them the attachment was discharged on account of the failure of the affidavit to set forth a cause of action against them, but the same relief was denied to the company. The affidavit, so far as it was directed to the ■disclosure of a cause of action, chiefly consists of general statements made by the receiver himself, on information and belief. He does not appear to have had personal knowledge of any of the occurrences mentioned by him, but his statements have been made upon what appeared to him to be the effect of the…
2Cases cited3 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Kokomo Straw Board Co. v. InmanNew York Supreme Court · 1889
- Pride v. Indianapolis, Decatur & Western Railway Co.New York Supreme Court · 1889
3Cited by2 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Carrier v. United Paper Co.New York Supreme Court · 1893