Downing v. Nelson
Appellate Terms of the Supreme Court of New York
Appeal by the defendant from an order of the City Court of the city of New York, made at Special Term, denying a motion to vacate an attachment for insufficiency of the papers upon which it was granted.
1Opinion of the CourtGiegerich, J.
The defendant .moved to vacate the attachment issued in favor of the plaintiff upon the ground *447that the papers upon which the same was granted were “defective and insufficient.” The “ papers ” referred to was an affidavit, which referred to the complaint and made it a part of such affidavit and which set forth, in substance, that the plaintiff, by reason of the false and fraudulent representations made to her by the defendant, as to the condition of the furnace, ranges and plumbing in certain premises, was induced to and did enter into a lease therefor, for the term of one year from the 1st…
2Cases cited3 opinions
- Thomson-Houston Electric Co. v. Durant Land Improvement Co.New York Court of Appeals · 1894
- Godfrey v. India Wharf Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1903
- Schermerhorn v. GougeNew York Supreme Court · 1861