Bowery Bank v. Widmayer
City of New York Municipal Court
At chambers. Action by the Bowery Bank of New York against Henry Widmayer. Defendant moves to vacate an order in aid of an execution against the defendant’s property.
1Opinion of the CourtGiegerich, J.
The affidavit upon which the order for the examination of the judgment debtor in aid of an execution issued against the defendant’s property was granted, is defective, for the following reasons; (1) It fails to state what means of knowledge the informant of the affiant had, so that the court may determine whether the information is entitled to credit as proof. Manken v. Pape, 65 How. Pr. 453. (2) It does not allege a demand. Manken v. Pape, supra; Bank v. Wilson, 13 Hun, 232. As was well said by McAdam, J., in Manken v. Pape, supra: “The affidavit should show facts and circumstances, in order…
2Cases cited1 opinion
- Manken v. PapeNew York City Court · 1883
3Cited by1 opinion
- Clarke v. Nebraska National BankNebraska Supreme Court · 1899