Duryea, Watts & Co. v. Rayner
New York Court of Common Pleas
Appeal from city court, general term. Action by Duryea, Watts & Co., Limited, a domestic corporation, against Julius Rayner. From an order of the city court affirming (without opinion) an order denying defendant’s motion to vacate an attachment on the papers on which it was granted, defendant appeals.
1Opinion of the CourtBischoff, J.
An appeal lies to this court from an order such as that before us, where it appears that no question of discretion
*248is involved, and the legal sufficiency of the papers upon which the attachment was obtained is alone in dispute. Murphy v. Jack, 142 N. Y. 217, 36 N. E. 882; Allen v. Meyer, 73 N. Y. 3; Wallace v. Castle, 68 N. Y. 373; Walsh v. Schulz, 6 Civ. Proc. R. 126. It is claimed that the verification of the complaint in this case was defective because made by the president of the plaintiff' corporation without a statement of the sources of. his knowledge regarding the matters in suit. The…
2Cases cited8 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Murphy v. . JackNew York Court of Appeals · 1894
- Haebler v. . BernharthNew York Court of Appeals · 1889
- Allen v. . MeyerNew York Court of Appeals · 1878
- Westervelt v. Agrumaria Sicula Societa Anonima di Trasporti MarittimiNew York Supreme Court · 1890
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3Cited by4 opinions
- Treen Motors Corp. v. Van PeltNew York Supreme Court · 1919
- High Rock Knitting Co. v. BronnerNew York Supreme Court · 1896
- Isaacs v. Terry & Tench Co.Appellate Terms of the Supreme Court of New York · 1907
- Daly v. LowensteinAppellate Terms of the Supreme Court of New York · 1911