Raw Silk Trading Co. v. Katz
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Harry Katz and another, 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 11th day of May, 1921, denying defendants’ motion to vacate a warrant of attachment. The ground of the attachment was the non-residence of the defendants.
1Opinion of the Court
Greenbaum, J.:
Defendants moved to vacate the attachment on the ground that, on the conceded facts appearing in the complaint and motion papers, plaintiff has not stated a cause of action.
The complaint sets forth three causes of action for the alleged breach by the defendants of three separate contracts with the plaintiff for the purchase of raw silk on credit. The complaint sets out in each cause of action, and the supporting affidavit on behalf of the plaintiff alleges, that- the plaintiff exercised its discretion as embodied in each contract to limit the credit of defendants by tendering…
2Cases cited8 opinions
- Russell v. . AllertonNew York Court of Appeals · 1888
- Garfield & Proctor Coal Co. v. Pennsylvania Coal & Coke Co.Massachusetts Supreme Judicial Court · 1908
- Pollock v. . Pennsylvania Iron Works CompanyNew York Court of Appeals · 1898
- Hilleary v. Skookum Root Hair-grower Co.New York Court of Common Pleas · 1893
- Haber v. S. A. Jacobson Co.Appellate Division of the Supreme Court of the State of New York · 1918
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3Cited by4 opinions
- Price v. Spielman Motor Sales Co.Appellate Division of the Supreme Court of the State of New York · 1941
- Dery v. BlateAppellate Division of the Supreme Court of the State of New York · 1924
- Ball v. Jamaica Savings BankAppellate Division of the Supreme Court of the State of New York · 1975
- Flushing Hospital & Medical Center v. WoytisekAppellate Division of the Supreme Court of the State of New York · 1975