Frusher v. Vacuum Dyeing Machine Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the Vacuum Dyeing Machine Company, 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 13th day of October, 1911, denying the defendant’s motion to vacate an attachment.
1Opinion of the Court
Miller, J.:
The warrant of attachment is not a part of the papers on appeal. But as the attack is confined solely to the sufficiency of the papers upon which it was granted, we do not deem the omission fatal to the appellant’s right to be heard. The plaintiff was employed by the defendant as selling agent for certain vacuum dyeing machines, manufactured by the defendant, under an agreement pursuant to which he was to receive $150 commission for each large machine sold for $1,475, and $100 commission for each small machine sold for $950. In his affidavit to obtain the warrant of attachment, he…
2Cited by2 opinions
- Mayer v. Hungarian Commercial Bank of PestDistrict Court, E.D. New York · 1937
- C. Tennant Sons & Co. v. New Jersey Oil & Meal Co.City of New York Municipal Court · 1912