Ex parte Van Riper
New York Supreme Court
Motion to set aside an attachment. On the 31st May, 1839, an attachment was issued by the circuit judge of the first circuit against the real and personal property of Cornelius G. Van Riper, as a non-resident debtor, under 1 R. S. 764, 2d ed. § 1, sub. 2, et seq. The non-residence of Van Riper was duly shown by the affidavits of two witnesses.
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Motion to set aside an attachment. On the 31st May, 1839, an attachment was issued by the circuit judge of the first circuit against the real and personal property of Cornelius G. Van Riper, as a non-resident debtor, under 1 R. S. 764, 2d ed. § 1, sub. 2, et seq. The non-residence of Van Riper was duly shown by the affidavits of two witnesses. The petition for the attachment was presented by T. S. Underhill and J. T. Smith, who stated that they, as partners in trade, had a demand for $3,676, over and above all discounts, arising on a certain check or draft of the Manufacturers’ Bank of…
1Opinion of the Court
Ry the Court, Cowen, J.
Was the proof of the debt sufficient in the first instance 1 I think it was. The statute declares, § 3, that the application may be made by any creditor, &c. having a demand against the debtor personally, arising upon contract, &c. amounting to $100 or upwards, &c. By § 4, the application is to be in writing, and verified by the affidavit of the creditor, See. in which shall be specified the sum,' &c. over and above all discounts, &c. and the grounds, &c. The objection for insufficiency is founded mainly on the supposed defect in not showing, by production of the…
2Cases cited1 opinion
- In re HollingsheadNew York Supreme Court · 1831
3Cited by19 opinions
- Nimick & Co. v. Mingo Iron Works Co.West Virginia Supreme Court · 1884
- First National Bank v. PriceCourt of Appeals of Maryland · 1871
- Aldrich v. Anchor Coal Co.Oregon Supreme Court · 1893
- Pugh v. HurttNew York Supreme Court · 1875
- Flash, Lewis & Co. v. ConnSupreme Court of Florida · 1878
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