Corn Exchange Bank v. Marckwald
New York Supreme Court
Attachment proceedings by the Corn Exchange Bank against Marckwald. Heard on motion by a junior attaching creditor to dissolve the attachment.
1Opinion of the CourtDaly, J.
Motion to vacate a senior attachment against property obtained on the ground of the debtor’s nonresidence. The motion is made by a junior áttaching creditor w7ho obtained his warrant on the ground that the debtor is a resident who has been continuously without the United States for more than six months next before the granting of the order of publication against him, etc. Code Civ. Proc. § 636. The senior attachment is attacked on the ground that the affidavits on which it was granted do not support the allegation of non-residence. The affidavit of the president of the Corn Exchange Bank, to…
2Cases cited2 opinions
- Wallace Sons v. . CastleNew York Court of Appeals · 1877
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Foster v. RogersNew York Supreme Court · 1900
- Hellwig v. SeeleyNew York Supreme Court · 1919