Herman v. Bailey
Appellate Terms of the Supreme Court of New York
Appeal by the defendants from an affirmance by the General-Term of the City Court of an order of the Special Term, denying their motion to vacate the attachments issued against the property of the defendants. ¡
1Opinion of the CourtDaly, P. J.
The attachment was granted upon the affidavit of the plaintiff stating that the defendants were nonresidents of the State of New York and resided at Davisville, Rhode Island. That statement is not made on information and belief, and as the plaintiff is the assignee of the cause of action, and as it does not appear that he had any personal dealings with defendants no presumption arises that he had personal knowledge of the fact alleged. The affidavit of nonresidence would seem, therefore, under late authorities to be insufficient and if the defendants had attacked the attachment upon the…
2Cases cited4 opinions
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Tasker v. WallaceNew York Court of Common Pleas · 1876
- Einstein v. Climax Cycle Co.New York Supreme Court · 1896
- Belmont v. Sigua Iron Co.Appellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Foster v. RogersNew York Supreme Court · 1900
- Premier Malt Sales Corp. v. TullockNew York Supreme Court · 1922