Dieckerhoff v. Ahlborn
New York Supreme Court
Emil DieckerhofE, Louis Raffloer and William. Zimmerman sued Otto Ahlborn in the supreme court to recover §26,700, the value of fancy dress goods sold and delivered by the plaintiffs to the defendant.
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Emil DieckerhofE, Louis Raffloer and William. Zimmerman sued Otto Ahlborn in the supreme court to recover §26,700, the value of fancy dress goods sold and delivered by the plaintiffs to the defendant. Collections had been made to the amount of over $15,000, and an order of 'arrest obtained on the ground of fraud in defendant’s representations of his pecuniary responsibility at the time of making the contract, and he was held to bail in the sum of §11,000. A motion to vacate the order of arrest was denied by Donohue, J., but with leave to renew the application. A second motion on new…
1Opinion of the Court
The motion to vacate the discharge in the superior court having been heard, the following decision was rendered by
Speir, J.
Upon a careful examination of the decisions I am of the opinion that the provisions of the statute requiring notice to be published “once in each week for ten weeks successively ” must be strictly com*375plied with to confer jurisdiction upon the officer before whom the proceeding is conducted. In this opinion I follow the decision recently made in the matter of Robert O. Gleason in this court by Curtís, J. That learned justice says, that the authorities cited by him do not…
2Cases cited6 opinions
- Stanton v. . EllisNew York Court of Appeals · 1855
- AnonymousNew York Supreme Court · 1828
- Stanton v. EllisNew York Supreme Court · 1853
- Underwood v. IrvingNew York Supreme Court · 1824
- People ex rel. Demarest v. GrayNew York Supreme Court · 1860
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