Barton v. Albert Palmer Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Orange County. Action by Eugene Barton and William J. O’Brien, as sheriff of New York county, against the Albert Pálmer Company. From an interlocutory judgment overruling a demurrer to the complaint interposed on the ground that it did not state facts sufficient to constitute a cause of action, defendant appeals.
1Opinion of the CourtHirschberg, J.
The demurrer should have been sustained. The action is brought by Eugene Barton, joined with the sheriff of the county of New York, in aid of an attachment issued against the property of Harriet C. Collins in an action prosecuted by Barton against her. The complaint alleges that the attachment was executed by levying upon personal property of the said Harriet C. Collins, then in the possession of the defendant in this action, “by leaving a certified copy of the warrant of attachment, and a notice showing the property attached, with Cornelius A. Palmer, who was then the treasurer or managing…
2Cases cited6 opinions
- Lynch v. . CraryNew York Court of Appeals · 1873
- Hayden v. . National BankNew York Court of Appeals · 1891
- Courtney v. . Eighth Ward BankNew York Court of Appeals · 1898
- Harmon v. Vanderbilt Hotel Co.New York Supreme Court · 1894
- Peetsch v. SommersAppellate Division of the Supreme Court of the State of New York · 1898
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