Gasherie v. Apple
The Superior Court of New York City
Motion to dissolve an attachment issued as a provisional remedy. The action was brought to recover the sum of $2,268.65 for goods, suitable for use in the manufacture of shirts and drawers, sold and delivered to the defendant.
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Motion to dissolve an attachment issued as a provisional remedy. The action was brought to recover the sum of $2,268.65 for goods, suitable for use in the manufacture of shirts and drawers, sold and delivered to the defendant. The attachment was granted upon the affidavit of the plaintiff, as to the existence and amount of the debt, and upon the affidavit of Hoses Will, a salesman for the plaintiff, which contained the following allegations: “ This deponent says, as he verily believes, the said defendant is about to dispose of his property, with intent to defraud his creditors. Deponent…
1Opinion of the CourtRobertson, J.
The objection that the defendants cannot move to discharge the attachment in this case, founded on the cases of Furman a. Walter (13 How. Pr., 348) and Matter of Griswold (13 Barb., 412), is overruled by the provisions of section 241 of the Code, that the defendant may in all cases move to discharge an attachment, as in case of other provisional remedies. Whether the plaintiff can use supplemental affidavits, not only to disprove matters in the defendants’ affidavits, on which the motion is made, but also to justify the issuing of the attachment, is a question which has been differently…
2Cases cited10 opinions
- Hyslop & Cambpell v. ClarkeNew York Supreme Court · 1817
- Austin v. BellNew York Supreme Court · 1823
- Seaving v. BrinkerhoffNew York Court of Chancery · 1821
- Sands v. HildrethCourt for the Trial of Impeachments and Correction of Errors · 1817
- Griffin v. . MarquardtNew York Court of Appeals · 1860
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3Cited by2 opinions
- Reichenbach v. WinkhausNew York Court of Common Pleas · 1884
- Waverly Co. v. Worthington Co.The Superior Court of the City of New York and Buffalo · 1893