Legal Opinion

Waverly Co. v. Worthington Co.

The Superior Court of New York City

Decided July 3, 1893Published

Appeal from order vacating attachment against property.

1Opinion of the CourtMcAdaat, J.

Every fact upon which the plaintiff relied to sustain the provisional remedy invoked was denied and disproved by the defendant’s officers, so that the court below, on the whole case, was called upon to determine whether the attachment should be continued or not. It decided upon the entire proofs that the attachment should be vacated and committed no error in reaching that conclusion. The order made by the supreme court January 26th, 1893, appointing a temporary receiver of the defendant’s property in proceedings for a voluntary dissolution of the corporation, did not disable the defendant…

2Cases cited3 opinions

  1. Dickinson v. BenhamNew York Supreme Court · 1860
  2. Dickinson v. BenhamNew York Supreme Court · 1860
  3. Brewer v. TuckerThe Superior Court of New York City · 1861

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