Calmon Asbestos & Rubber Works of America v. Asbest-Und-Gummiwerke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant,. Asbest-TJnd-Gummiwerlce, Alfred Calmon, Agent, from 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 19th day of October, 1910, denying the defendant’s motion to vacate a- warrant of attachment.
1Opinion of the Court
Miller, J.:
The motion was made on the ground that the papers upon which the warrant of attachment was granted were insufficient. Those papers consisted of an affidavit showing the non-residence of the defendant, and the complaint, which purports to allege three causes of action. The averments of the first and third are similar, except with respect to dates and amounts. In the first it is averred “ that during the year 1909, plaintiff bought certain goods of the defendant by sample furnished plaintiff by defendant, which represented sound and. merchantable goods suitable for and known as…
2Cases cited2 opinions
- Brandly v. American Butter Co.Appellate Division of the Supreme Court of the State of New York · 1909
- Ingalls Stone Co. v. NunnAppellate Division of the Supreme Court of the State of New York · 1909
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- Fine v. LyonsAppellate Terms of the Supreme Court of New York · 1913
- Mitchell & Morgan, Inc. v. SchneebalgAppellate Division of the Supreme Court of the State of New York · 1960