Hayden v. . National Bank
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7, 1889, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial department, entered upon an order made November 7, 1889, which affirmed a judgment in favor of defendant entered upon an order dismissing the complaint on trial at Circuit. The plaintiffs Hayden and Allen were creditors of the firm of G. H. Loker & Brother, residents of and doing business at St. Louis, Mo., and on the 9th day of October, 1878, commenced an action against said firm and obtained therein an attachment against their property, which attachment was on the following day delivered to the plaintiff…
1Opinion of the Court
Brown, -T.
The right of the plaintiffs to recover in this action depended upon the question whether the proceedings taken by them against the firm of G. II. Loker & Brother were effectual to attach the funds of that firm on deposit with the defendant. When the defendants in an action are non-residents of the state, as in the present case, they may have no actual notice of an attachment proceeding and their property is taken without an opportunity for them to be heard. Under such circumstances it would seem that there could be no question but that the attaching creditor should substantially…
2Cases cited2 opinions
- Greentree v. . RosenstockNew York Court of Appeals · 1875
- O'Brien v. Mechanics' & Traders' Fire InsuranceNew York Court of Appeals · 1874
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- New Amsterdam Casualty Co. v. National Union Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1932
- Courtney v. . Eighth Ward BankNew York Court of Appeals · 1898
- Cotnareanu v. Chase National BankNew York Court of Appeals · 1936
- Excelsior Steam Power Co. v. Cosmopolitan Pub. Co.New York Supreme Court · 1894
- Barton v. Albert Palmer Co.Appellate Division of the Supreme Court of the State of New York · 1903
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