Legal Opinion

Manufacturers' National Bank v. Hall

New York Supreme Court

Decided June 26, 1891PublishedCited by 12 opinions

Appeal from special term, Hew York county. Action by the Manufacturers’ Hational Bank against Dudley Hall and another. From a judgment for plaintiff, defendants appeal. Code Civil Proc. H. Y. § 636, provides: “If the action is to recover damages for a breach of a contract, the affidavit must show that the plaintiff is entitled to recover a sum stated therein over and above all counter-claims known to him.”

1Opinion of the CourtVan Brunt, P. J.

The attachment of the plaintiff was obtained against the defendants upon the ground that they were non-residents, and was founded upon the affidavit of one George M. Pinney, Jr., who stated that he was the attorney for the plaintiff in this action; that it was a foreign corporation, located in Massachusetts, and that the action was brought to recover the amount of a certain promissory note of $5,000, which was due and unpaid; and that said sum was due from the defendants to the plaintiff over and above all counter-claims known to the plaintiff. The affiant further stated that he had made the…

2Cited by12 opinions

  1. Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
  2. Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. Barstow Stove Co. v. DarlingNew York Supreme Court · 1894
  4. Hart v. Page Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
  5. V. G. Pfluke Co. v. PapuliasNew York Supreme Court · 1903

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