California Packing Corp. v. Kelly Storage & Distributing Co.
New York Court of Appeals
Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1919, which reversed an order of Special Term denying a motion by respondent herein for vacation of an attachment and granted said motion.
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Appeal, by permission, from an order of the Appellate Division of the Supreme Court in the first judicial department, entered June 13, 1919, which reversed an order of Special Term denying a motion by respondent herein for vacation of an attachment and granted said motion. The following questions were certified: “ 1. Has the defendant bank a right to make the motion to vacate the attachment? “ 2. Is the allegation in the complaint that the bill of exchange was accepted ‘ for a valuable consideration ’ an allegation of fact or a conclusion of law? “ 3. Do the papers upon which the attachment…
1Opinion of the CourtPound, J.
• This is an appeal, on certified questions, from an order of the Appellate Division, reversing an order made by the Special Term denying a motion made under section 682, Code of Civil Procedure, by a third party to vacate an attachment. The Appellate Division vacated the attachment. The material question is whether an allegation in the complaint that a draft, not alleged to be negotiable, was drawn upon defendant by plaintiff, and “ for a valuable consideration ” duly accepted by defendant, sufficiently states a cause of action for breach of contract under section 636, Code of Civil…
2Cases cited8 opinions
- Prindle v. . CaruthersNew York Court of Appeals · 1857
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- National Citizens' Bank v. . ToplitzNew York Court of Appeals · 1904
- Haebler v. . BernharthNew York Court of Appeals · 1889
- Sultan of Turkey v. . TiryakianNew York Court of Appeals · 1915
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3Cited by25 opinions
- McGovern v. . City of New YorkNew York Court of Appeals · 1923
- American Reserve Insurance v. China InsuranceNew York Court of Appeals · 1948
- In Re the Estate of TaylorNew York Court of Appeals · 1929
- Pomerance v. PomeranceNew York Court of Appeals · 1950
- Brown v. Paramount Publix Corp.Appellate Division of the Supreme Court of the State of New York · 1934
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