Essex County National Bank v. Johnson
New York Supreme Court
Appeal from special term, New York county. This was an action by the Essex County" national Bank of Hewark against Thomas V. Johnson on certain promissory notes. An attachment was issued against defendant on the affidavit of the president of plaintiff that the notes were past due and unpaid, and that the amount sued for was due over and above all counter-claims known to plaintiff or deponent.
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Appeal from special term, New York county. This was an action by the Essex County" national Bank of Hewark against Thomas V. Johnson on certain promissory notes. An attachment was issued against defendant on the affidavit of the president of plaintiff that the notes were past due and unpaid, and that the amount sued for was due over and above all counter-claims known to plaintiff or deponent. Defendant moved to vacate the attachment for insufficiency of the affidavit in that it did not appear that its statements were made on affiant’s personal knowledge, as there was nothing in the affidavit…
1Per curiam
We see no reason for disturbing the attachment granted in this action. Most of the allegations as to which the knowledge of the president of the bank in making the affidavit is challenged were entirely immaterial, and need not have been made in order to make a perfect cause of action. As to the question of payment, or whether the note was taken for value before or after maturity, those are affirmative defenses, which it is not necessary for the plaintiff to rebut in the first instance. The president of the bank at the time of making the affidavit states that there are no counter-claims to the…
2Cited by5 opinions
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