Legal Opinion

Penn Oil & Supply Co. v. Cohn

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1909PublishedCited by 4 opinions

Appeal from an order entered in the New York county clerk’s office on the 1st day of February, 1909, denying a motion to vacate an order of arrest.

1Opinion of the Court

Scott, J.:

The defendant appeals from an order denying his motion to vacate an order of arrest, the motion being made upon the papers on which the order was granted. These papers consist of a complaint and an affidavit, both verified by one of the plaintiff’s attorneys. The complaint is a curiously unscientific pleading, and it is not easy to determine just what cause of action is sought to be stated, or whether any is sufficiently stated. It alleges a written contract between plaintiff on the one hand and defendant and one Hans Boellert, of Berlin, Germany, on the other, under the terms of…

2Cases cited2 opinions

  1. Barrell v. ToddAppellate Division of the Supreme Court of the State of New York · 1901
  2. Murphy v. JackNew York Supreme Court · 1894

3Cited by4 opinions

  1. Dorrian v. DavisNew Jersey Court of Chancery · 1929
  2. Four County Agricultural Credit Corp. v. MatthewsSupreme Court of South Carolina · 1942
  3. Jones v. Rochester Society for the Prevention of Cruelty to Children, Inc.New York Supreme Court · 1954
  4. Strauss v. SlaterAppellate Division of the Supreme Court of the State of New York · 1914

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