Stewart v. Sandall
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Benjamin E. Sandall, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of November, 1917, denying defendant’s motion to vacate a warrant of attachment herein.
1Opinion of the Court
Page, J.:
The action was to recover upon a draft for $12,000, given to the plaintiffs by the defendant upon a partial settlement of the accounts of a copartnership theretofore existing between the parties hereto upon a dissolution thereof caused by the withdrawal of the defendant, in which partial settlement the defendant was found to be indebted to the plaintiffs in the *447sum of $22,000. The defendant paid $10,000 in cash, and gave the draft in suit in settlement of said indebtedness. The first ground of the defendant’s motion to vacate the attachment, that the action is in equity" and not at…
2Cases cited1 opinion
- Murphy v. . JackNew York Court of Appeals · 1894
3Cited by1 opinion
- Herrick v. GuildAppellate Division of the Supreme Court of the State of New York · 1939