Hoormann v. Climax Cycle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, New York county. Action by Frederick C. Hoormann against the Climax Cycle Company. From an order granting the motion of George Schubach, a junior attaching creditor, to vacate plaintiff’s attachment because of the insufficiency of the affidavit on which the attachment was granted (40 N. Y. Supp. 1067), plaintiff appeals. Affirmed.
1Opinion of the CourtWilliams, J.
The question involved in this appeal is whether a positive averment of facts, of which it is apparent the deponent, from his situation, could have had no general knowledge, is sufficient proof of such facts to authorize the granting of 'an attachment. The affidavit was made July 15, 1896, by the plaintiff, who was the assignee of the claim in suit, and showed that, for eight months last before the making of the affidavit, he had been, and still was, a resident of New York City; that the defendant was a corporation in Illinois, and had its principal place of business in Chicago; that previous…
2Cases cited7 opinions
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- Manufacturers' National Bank v. HallNew York Supreme Court · 1891
- Hanson v. MarcusAppellate Division of the Supreme Court of the State of New York · 1896
- Kahle v. MullerNew York Supreme Court · 1890
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3Cited by6 opinions
- Corn Exchange Bank v. MarckwaldNew York Supreme Court · 1898
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- National Shoe & Leather Bank v. New York Life Insurance & Trust Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Belmont v. Sigua Iron Co.Appellate Division of the Supreme Court of the State of New York · 1896
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