Legal Opinion

Ingalls Stone Co. v. Nunn

Appellate Division of the Supreme Court of the State of New York

Decided December 30, 1909PublishedCited by 4 opinions

Appeal by the defendant, Lucian L. Nunn, from an order of the Supreme Court, made at the Broome Special Term and entered in the office of the clerk of the county of Broome on the 27th day of September, 1909, denying the defendant’s motion to vacate a warrant of attachment.

1Opinion of the Court

Cochrane, J.:

The warrant of attachment was issued on the ground of the non-, residence of the defendant. This motion to vacate the warrant is founded only upon the papers upon which it was granted and raises, therefore, the question of the insufficiency of those papers.

The plaintiff alleges a written contract whereby it agreed for the sum of $9,000 to manufacture and deliver to "the defendant all the stone work for a certain building then in process of erection by him ; that immediately upon making said contract plaintiff entered upon the performance thereof and discontinued other work at its…

2Cases cited3 opinions

  1. Penoyar v. . KelseyNew York Court of Appeals · 1896
  2. Haebler v. . BernharthNew York Court of Appeals · 1889
  3. Chazy Marble Lime Co. v. DeelyAppellate Division of the Supreme Court of the State of New York · 1903

3Cited by4 opinions

  1. Calmon Asbestos & Rubber Works of America v. Asbest-Und-GummiwerkeAppellate Division of the Supreme Court of the State of New York · 1910
  2. Fine v. LyonsAppellate Terms of the Supreme Court of New York · 1913
  3. Pettit v. United States Motor Co.New York Supreme Court · 1912
  4. Hausner v. HausnerNew York Supreme Court · 1956

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