Bloomingdale v. Cook
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Kings county. Action by Charles A. Bloomingdale against William P. Cook and John Doe, composing the firm of W. P. Cook & Bro. There was an order denying defendants’ motion to vacate a warrant of attachment, and they appeal.
1Opinion of the CourtWoodward, J.
The motion to vacate the attachment was made upon the papers, and was based upon two defects, only one of which is necessary°to be considered at this time. It is contended that the affidavit on which the warrant of attachment was issued was defective, in that it failed to state the facts necessary to show the court that the plaintiff- is entitled to recover the amount claimed, as required by section 636 of the Code of Civil Procedure, which reads as follows:
“(1) That one of the causes of action specified in the last section exists against the defendant. If the action is to recover damages for…
2Cases cited2 opinions
- Thorington v. . MerrickNew York Court of Appeals · 1885
- Haskell v. OsbornAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Chazy Marble Lime Co. v. DeelyAppellate Division of the Supreme Court of the State of New York · 1903