Manufacturers' National Bank v. Hall
New York Supreme Court
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
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Barstow Stove Co. v. DarlingNew York Supreme Court · 1894
- Hart v. Page Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1919
- V. G. Pfluke Co. v. PapuliasNew York Supreme Court · 1903
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