Hoormann v. Climax Cycle Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Frederick C. Hoormann, from an order of the Supreme Court, made at the New York Special Terra-and, entered in the office of the clerk of the county of Nqw York on the 26,tli day of August, .1896, granting a. .motion made by George Sehubaeh, a junior attaching creditor, to vacate the plaintiff’s, attachment against the defendant, because of the insufficiency- of the affidavit upon which the attachment was granted.
1Opinion of the Court
Williams, 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…
2Cases cited5 opinions
- Crowns v. VailNew York Supreme Court · 1889
- Manufacturers' National Bank v. HallNew York Supreme Court · 1891
- Kahle v. MullerNew York Supreme Court · 1890
- National Broadway Bank v. BarkerNew York Supreme Court · 1891
- McVicker v. CampaniniNew York Supreme Court · 1889
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- Zenith Bathing Pavilion, Inc. v. Fair Oaks Steamship Corp.New York Court of Appeals · 1925
- People v. MillerNew York Supreme Court · 1988
- James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901
- E. & H. T. Anthony & Co. v. FoxAppellate Division of the Supreme Court of the State of New York · 1900
- Ammon v. KellarAppellate Terms of the Supreme Court of New York · 1897
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