Lawton v. Kiel
New York Supreme Court
APPEAL by the defendants from an order denying a motion to vacate an attachment.
1Opinion of the CourtIngraham, J.
The defendants appeal from an order denying a motion to vacate an attachment. The attachment was issued against the defendants as non-resident debtors. The claim of the plaintiffs was for damages arising upon the breach of a contract on the part of the defendants to purchase for the plaintiffs 'sound corn, and the breach complained of was that the corn was not sound, but heated, sour and unmerchantable. The damages claimed was the difference between the cost price and the price at which the plaintiffs sold the same.
The first ground relied on is that the damages are unliquidated, and that in…
2Cases cited1 opinion
- Ward v. BeggNew York Supreme Court · 1854
3Cited by17 opinions
- Hale Bros. v. MillikenCalifornia Supreme Court · 1904
- Dunn v. MackeyCalifornia Supreme Court · 1889
- Fidelity Insurance, Trust & Safe-Deposit Co. v. Roanoke Iron Co.U.S. Circuit Court for the District of Western Virginia · 1896
- Fawcett v. . VaryNew York Court of Appeals · 1875
- Turner v. St. JohnNorth Dakota Supreme Court · 1898
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