American Trading Co. v. Bedouin Steam Navigation Co.
Appellate Terms of the Supreme Court of New York
Appeal from an order of the City Court of the city of New York denying defendant’s motion to vacate a warrant of attachment against the property of the defendant.
1Opinion of the CourtScott, J.
In order to obtain a warrant of attachment, it was necessary for plaintiff to show, not merely to allege, that defendant is a foreign corporation. Such fact may be said to be shown, if it is positively alleged by some person who may be deemed to have personal knowledge upon the subject, so that his statement can be accepted as evidme- f the fact. Ladenburg v. Commercial Bank, 5 App. Div. 219. It cannot be said to be so shown when the person making the allegation, although he may do so positively, as of his own knowledge, is evidently and obviously not in a position to possess personal…
2Cases cited2 opinions
- James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901
- Mills v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Geduld v. BaltimoreAppellate Terms of the Supreme Court of New York · 1911