Legal Opinion

Corn Exchange Bank v. Marckwald

New York Supreme Court

Decided December 13, 1898PublishedCited by 2 opinions

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

  1. Wallace Sons v. . CastleNew York Court of Appeals · 1877
  2. Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896

3Cited by2 opinions

  1. Foster v. RogersNew York Supreme Court · 1900
  2. Hellwig v. SeeleyNew York Supreme Court · 1919

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