Jurgens v. Suden
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Henry A. Turn Suden, from an order-of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 29th day of March, 1898, denying the'defendant’s motion to vacate an attachment heretofore granted in the action. The attachment was procured under subdivision 2 of section 636 of the Code of Civil Procedure.
1Opinion of the Court
Goodrich, P. J.:
The action is brought to recover a sum of money alleged to be due on the sale of groceries by the plaintiff to the defendant between December 27, 1897, and January 26, 1898. The following facts ¡appear from the affidavits upon which the warrant of attachment was issued : On January thirty-first the plaintiff sent his clerk, John Voss, to collect the amount of the bill. Voss makes affidavit that at that time the defendant told him that he had sold the store to one John Milk for $300 in cash and $700 in notes; that on Febru-. ary fifth he called again on the defendant, who said…
2Cases cited1 opinion
- Johnson v. BuckelNew York Supreme Court · 1892
3Cited by2 opinions
- United States v. PhillipsDistrict Court, S.D. New York · 1912
- O'Connell v. Pincus (In re Our Distribution Co.)District Court, S.D. New York · 1990