Merchants' National Bank v. Columbia Spinning Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, the Merchants’ National Bank of the city of New York, from an order of the Supreme Court, made at. the .New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of June, 1897, vacating-the plaintiff’s warrant of attachment. This action was brought to recover $13,964.49 upon a promissory pote made, by the defendant on December 18, 1896, and payable-four months after date.
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Appeal by the plaintiff, the Merchants’ National Bank of the city of New York, from an order of the Supreme Court, made at. the .New York Special Term and entered in the office of the clerk of the county of New York on the 7th day of June, 1897, vacating-the plaintiff’s warrant of attachment. This action was brought to recover $13,964.49 upon a promissory pote made, by the defendant on December 18, 1896, and payable-four months after date. The warrant of attachment was granted upon an affidavit of the plaintiff’s cashier.
1Opinion of the Court
Parker, J. :
In support .of the order of the Special Term vacating the attachment, it is urged that the affidavit is insufficient, in that it does not show that the note in suit was payable when the attachment was-obtained. By the terms of the note it matured April 18, 1897, and ' the attachment .was issued April fifteenth. The affiant sought to-show that the note became payable on the 15th day of April, 1897,. because of action taken by the plaintiff under .and by virtue of an agreement in writing between it .and the maker of the note. The sufficiency of the allegations in this respect is…
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- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Ladenburg v. Commercial Bank of NewfoundlandAppellate Division of the Supreme Court of the State of New York · 1896
- Hall v. . StrykerNew York Court of Appeals · 1863
- Conway v. HitchinsNew York Supreme Court · 1850
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3Cited by1 opinion
- Central National Bank v. Bennett Manufacturing Corp.Appellate Division of the Supreme Court of the State of New York · 1897