Bremer v. Ring
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Jefferson D. Bremer, 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 14th day of June, 1911, vacating a warrant of attachment theretofore granted herein.
1Opinion of the Court
Laughlin, J.:
This is an action on contract to recover a sum of money only, which it is alleged in the complaint was due and owing, but non-payment of the indebtedness was not shown by competent evidence. The memorandum written by the learned justice presiding at Special Term when the order was made vacating the warrant of attachment shows that the order was granted on the ground that it was essential for the plaintiff, not only to allege non-payment, but to present proof thereof.. The authorities uniformly hold that it is necessary for the plaintiff in such an action to allege non-payment,…
2Cases cited6 opinions
- Conkling v. . WeatherwaxNew York Court of Appeals · 1905
- Lerche v. . BrasherNew York Court of Appeals · 1887
- Crowns v. VailNew York Supreme Court · 1889
- Acharan v. Samuel BrosAppellate Division of the Supreme Court of the State of New York · 1911
- Essex County National Bank v. JohnsonNew York Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Federal Deposit Ins. Corporation v. SiracoCourt of Appeals for the Second Circuit · 1949
- Strubbe v. SonnenscheinCourt of Appeals for the Second Circuit · 1962
- Strubbe v. SonnenscheinCourt of Appeals for the Second Circuit · 1962
- Fairmount Film Corp. v. New Amsterdam Casualty Co.Appellate Division of the Supreme Court of the State of New York · 1919
- Bernhan Chemical & Metal Corp. v. Ship-A-Hoy, Ltd.Appellate Division of the Supreme Court of the State of New York · 1922
11 more not listed; retrieve them via the Exa API.