Courtney v. . Eighth Ward Bank
New York Court of Appeals
Appeal from an order of the General Term of the City Court of Brooklyn, entered November 27, 1895, reversing a judgment dismissing the complaint, entered upon the report of a referee and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The statute giving the provisional remedy of attachment is in derogation of a common-law right and must be strictly construed. (Penoyar v. Kelsey, 150 N. Y. 77; Code Civ.
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Appeal from an order of the General Term of the City Court of Brooklyn, entered November 27, 1895, reversing a judgment dismissing the complaint, entered upon the report of a referee and ordering a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The statute giving the provisional remedy of attachment is in derogation of a common-law right and must be strictly construed. (Penoyar v. Kelsey, 150 N. Y. 77; Code Civ. Pro. §§ 635, 649; Drake on Attachment, § 83; Eston v. Hanna, 75 Mich. 222.) The statute requires that a certified copy of the…
1Opinion of the CourtHaight, J.
This action was brought to recover the amount that the Cowles Engineering Company of Hew Jersey had on deposit with the defendant.
Cn the 25th day of August, 1893, an attachment was issued in an action brought by Edward F. Bice against the Cowles Engineering Company, which was delivered to the sheriff of Kings county with instructions to levy upon the balance owing that company by the defendant. On the 26th day of August the sheriff, or his deputy, went to the defendant’s bank and delivered to the teller a paper purporting to be a copy of the warrant of attachment. It was folded in the usual…
2Cases cited2 opinions
- Penoyar v. . KelseyNew York Court of Appeals · 1896
- Hayden v. . National BankNew York Court of Appeals · 1891
3Cited by6 opinions
- People v. St. Nicholas BankAppellate Division of the Supreme Court of the State of New York · 1899
- Ireland v. AdairNorth Dakota Supreme Court · 1903
- Kelderhouse v. McGarryNew York Supreme Court · 1913
- In re the Search for & Seizure of LiquorsAppellate Division of the Supreme Court of the State of New York · 1919
- Barton v. Albert Palmer Co.Appellate Division of the Supreme Court of the State of New York · 1903
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