James Talcott, Inc. v. Acme Finishing Co.
Appellate Division of the Supreme Court of the State of New York
Appeal from an order of the Supreme Court, entered in the New York county clerk’s office February 17, 1920, denying a motion to vacate a warrant of attachment. Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Dowling, Laughlin, Smith, Merrell and Greenbaum, JJ.; Smith and Greenbaum, JJ., dissenting.
1Opinion of the Court
Greenbaum, J. (dissenting):
It seems to me that the papers on which the attachment was granted are fatally defective. It appears from these papers that when the goods, which it is alleged were converted by the defendant corporation, were sent to it for finishing, the consignors gave instructions to the defendant “ in respect of dyeing, bleaching, printing, etc., as required in each ease.” The only other averments in these papers bearing upon the alleged conversion of these goods are contained in an affidavit made by one of the consignors as follows: “ The books and records of Tilton & Keeler…
2Cases cited3 opinions
- Everett v. CoffinNew York Supreme Court · 1831
- Bush v. LyonNew York Supreme Court · 1828
- Gunning v. QuinnNew York Supreme Court · 1894