Murphy v. . Jack
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 16, 1894, which reversed an order of Special Term vacating an attachment and reinstating the same. This action was brought to recover for goods sold and delivered by plaintiff to defendants.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made February 16, 1894, which reversed an order of Special Term vacating an attachment and reinstating the same. This action was brought to recover for goods sold and delivered by plaintiff to defendants. The complaint was on information and belief and was verified by one of the plaintiff’s attorneys; who, in the verification, stated the reason for his making it to be the absence of the plaintiff in Massachusetts and that his belief was based upon the statements made to him by the plaintiff and by his…
1Opinion of the CourtGray, J.
If the affidavit Avas insufficient, upon which this attachment was ordered, a question of law is presented and the order of the General Term is undoubtedly revieAvable here. (Allen v. Meyer, 73 N. Y. 1 ; Steuben County Bank v. Alberger, 78 id. 252.) In this case, the writ was applied •for upon statements made upon the information and belief of the deponent and the question is .whether the information, ■concerning the material facts, appeared to have been acquired in such a manner as to justify the judge in acting upon it. Was the source of the information such as the judge could accept as…
2Cases cited1 opinion
- Allen v. . MeyerNew York Court of Appeals · 1878
3Cited by39 opinions
- People v. LynesNew York Court of Appeals · 1980
- Knickerbocker Ice Co. v. Gardiner Dairy Co.Court of Appeals of Maryland · 1908
- People v. . McKaneNew York Court of Appeals · 1894
- Union Constr. Co. v. Western Union Tel. Co.California Supreme Court · 1912
- Zenith Bathing Pavilion, Inc. v. Fair Oaks Steamship Corp.New York Court of Appeals · 1925
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