Kelly v. Baker
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, James E. Kelly, from an order of the Supreme Court, made at .the New York Special Term and entered in the office of the clerk of' the county of New York on the 28th day of January, 1898,evacating a warrant of attachment.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover a sum of money upon a com tract, by which the defendant agreed to pay to the plaintiff $2,500 at a certain time, upon condition that the plaintiff should first furnish to the defendant a general release, specified in the contract. The defendant was a non-resident, and, upon that ground, the plaintiff procured an attachment. The defendant moved to vacate the attache ment for the reason that the complaint did not allege facts sufficient to constitute a cause of action. The defect insisted upon Avas that the plaintiff had not shoAvn that he had…
2Cited by3 opinions
- Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1902
- Tyng v. American Surety Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Thornley v. LawbaughNorth Dakota Supreme Court · 1913