Legal Opinion

N. Dain's Sons Co. v. Thomas McNally Co.

Appellate Division of the Supreme Court of the State of New York

Decided April 29, 1910PublishedCited by 5 opinions

Appeal by the plaintiff, N. Dain’s Sons Company, from an order of the Supreme Court, made at the Westchestér Special Term and entered in the office of the clerk of the county of Westchester, bearing date the 17th day of November, 1909, and, entered in the office of the clerk of the county of Westchester, vacating a warrant of attachment theretofore granted herein.

1Opinion of the Court

Hirschberg, P. J.:

The order appealed from was granted by the same justice by whom the warrant of attachment was issued. The attachment was issued against the property of the defendant oil the ground that said defendant is a foreign corporation. It was issued on the affidavit of Frank M. Dain, the secretary and treasurer of the plaintiff corporation, who alleges in the affidavit that the defendant “is a foreign corporation created by and under the laws of the State of Pennsylvania, and doing business within said State, with its principal office for the transaction of business at Pittsburg in…

2Cases cited5 opinions

  1. Murphy v. . JackNew York Court of Appeals · 1894
  2. Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
  3. J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
  4. James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901
  5. Tucker v. E. L. Goodsell Co.Appellate Division of the Supreme Court of the State of New York · 1897

3Cited by5 opinions

  1. Dicoa Co. v. Kokomo Sanitary Pottery Corp.Appellate Division of the Supreme Court of the State of New York · 1936
  2. Fried v. Continental Casualty Co.City of New York Municipal Court · 1935
  3. Miller v. JonesAppellate Terms of the Supreme Court of New York · 1915
  4. N. Dain's Sons Co. v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910
  5. Ottley v. Jackson Memorial African Methodist Episcopal Zion ChurchAppellate Division of the Supreme Court of the State of New York · 1913

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