Hodgman v. Barker
New York Supreme Court
Appeal from special term, New York county. Action by George F. Hodgman against Stephen T. Barker, in which plaintiff obtained a warrant of attachment against defendant’s property. A motion to vacate the attachment, on the papers upon which it was granted, was made by the National Broadway Bank, a subsequent attaching creditor, and was denied. The bank appeals from the order denying its motion.
1Opinion of the CourtVan Brunt, P. J.
The disposition of the case of Bank v. Same Defendant, 16 N. Y. Supp. 75, seems to dispose of this appeal. Notwithstanding the weakness of the papers upon which the plaintiff’s attachment was granted, the appellant cannot succeed upon this appeal, because of the fact, of which this court must take judicial notice, that its attachment has been set aside upon motion of the defendant because of the insufficiency of the papers upon which it was granted, and is therefore no longer in a position to assert any claim to the property upon which the attachment in this action had been levied. We think,…
2Cases cited1 opinion
- National Broadway Bank v. BarkerNew York Supreme Court · 1891
3Cited by1 opinion
- Stutsman v. EarlesIndiana Court of Appeals · 1919