Godfrey v. . Godfrey
New York Court of Appeals
• Appear from order of the General Term of the Court of Common Pleas, of the city and county of New York, reversing an order of Special Term, which granted a motion upon the part of Gustave L. Cohn, a subsequent attachment creditor, to modify an attachment issued herein by declaring his attachment to be a prior lien. Plaintiff’s attachment was issued upon the ground that defendant was a 11011-resident. The further material facts appear in the opinion.
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• Appear from order of the General Term of the Court of Common Pleas, of the city and county of New York, reversing an order of Special Term, which granted a motion upon the part of Gustave L. Cohn, a subsequent attachment creditor, to modify an attachment issued herein by declaring his attachment to be a prior lien. Plaintiff’s attachment was issued upon the ground that defendant was a 11011-resident. The further material facts appear in the opinion. Plaintiff could not introduce any affidavits upon the motion to substantiate the warrant of attachment if this court in the first instance had…
1Opinion of the CourtHand, J.
The attachment obtained by the plaintiff against the property of the defendants George and Lorenzo Godfrey, was so modified at the Special Term upon the application of the appellant Cohn, who had obtained an attachment against Lorenzo Godfrey subsequent to that of the plaintiff, as to give Cohn’s lien the preference. This order was reversed by the General Term. Cohn, 111 appealing here, insists that upon his motion to vacate or modify, the plaintiff .was confined to her original affidavits, and could not be permitted to read new affidavits to sustain her attachment; and that affidavits…
2Cited by4 opinions
- Chambers & McKee Glass Co. v. RobertsAppellate Division of the Supreme Court of the State of New York · 1896
- Equitable Trust Co. v. SalaNew York Supreme Court · 1918
- Pach v. OrrThe Superior Court of New York City · 1888
- Pach v. OrrSuperior Court of Buffalo · 1888