Corn Exchange Bank Trust Co. v. Pastore

The defendants move to vacate a warrant of attachment upon the ground that the complaint contains two causes of action, to one of which the provisional remedy of attachment is not appropriate.

*927The first count of the complaint states a cause óf action upon an' implied contract and with sufficient facts to warrant the inference that the defendants have '‘been guilty of a fraud in * * * incurring the liability” (Civ. Prac. Act, § 903, subd. 6). The second count is predicated upon an alleged conversion and thus does not support a warrant of attachment, being wholly without the purview of section…