Trubee v. Alden
New York Supreme Court
Appeal from an order made at the Special Term, denying a motion to vacate an attachment issued in this action in the sum of $31,961, with interest. This action was brought to recover damages for the alleged conversion of a large amount of personal property.
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Appeal from an order made at the Special Term, denying a motion to vacate an attachment issued in this action in the sum of $31,961, with interest. This action was brought to recover damages for the alleged conversion of a large amount of personal property. The affidavits of the defendant and her counsel, read upon the motion to vacate the attachment, show that before this action was commenced, another action for the same cause was brought by the plaintiff against the defendant, in the Superior Court of Fairfield county, Connecticut; that in said action the personal property forming the…
1DissentBrady, J.
The defendant seeks to have the attachment issued against her vacated upon the ground that before this action was commenced, she was prosecuted by the plaintiff in trover in Connecticut for the recovery of the identical goods and chattels which form the subject or basis of her claim in this proceeding, and that an attachment was issued against the property seized, which was released from that process, only on her giving a bond in the sum of $14,000, which was the estimated amount of its value. She also asks to have the attachment vacated upon the further ground, that this court ought not to…
2Cases cited13 opinions
- Embree & Collins v. HannaNew York Supreme Court · 1809
- Mitchell v. BunchNew York Court of Chancery · 1831
- Bowne v. JoyNew York Supreme Court · 1812
- Wheeler v. RaymondNew York Supreme Court · 1828
- Cook v. LitchfieldThe Superior Court of New York City · 1851
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