Cutler v. Allavena
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Francesco Allavena, from so much of an order of the Supreme Court, made at the New York Special Term, and entered in the office of the clerk of the county of New York on the 16th day of November, 1914, granting a motion to vacate an attachment, as permits the plaintiff to cure defects in the papers upon which such attachment was issued by filing with the clerk of the court additional affidavits.
1Opinion of the Court
Scott, J.:
The plaintiff obtained and caused to be served an attachment against defendant’s property within this jurisdiction, the papers upon which the attachment was issued being a complaint and an affidavit of the plaintiff. The complaint sets forth, or undertakes to set forth, a cause of action for damages for breach of warranty concerning merchandise sold by sample. The affidavit reasserts upon plaintiff’s own knowledge the material facts stated in the complaint, but does not state in detail how the amount of damages claimed is arrived at, although it is quite apparent, if the allegations…
2Cases cited3 opinions
- Haebler v. . BernharthNew York Court of Appeals · 1889
- Kahn v. HollanderAppellate Division of the Supreme Court of the State of New York · 1910
- Hilborn v. Pennsylvania Cement Co.Appellate Division of the Supreme Court of the State of New York · 1911
3Cited by1 opinion
- Colcord v. Banco de TamaulipasAppellate Division of the Supreme Court of the State of New York · 1920