Reinmiller v. Skidmore
New York Supreme Court
This was a motion upon a case and exceptions for judgment on the verdict of a jury ordered to he heard in the first instance at General Term.
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This was a motion upon a case and exceptions for judgment on the verdict of a jury ordered to he heard in the first instance at General Term. The plaintiff sued to recover the possession or value of a baker’s wagon, which he had let to one Faust, a baker, by written instrument, for one year, at a monthly rent of ten dollars, payable on the first day of each month, and containing also the following provisions : “ The use of said wagon is only for his baker business, and not for any other use. The party of the second part is not allowed to sell said wagon or to make a loan of the same.” It…
1Opinion of the Court
By the Court—
Gilbert, J.
The affidavit was sufficient to authorize an attachment to- be issued, pursuant to either the *164Revised Statutes or the act of 1831. ■ (2 R. S., 230, § 26; Laws of 1831, § 34.) Under the former statute, an attachment may issue, on proof that the debtor is about to depart from the county, while the proof required by the latter is confined to acts of the debtor, relating to his property. The affidavit contains all that is required by both statutes, but it might be inferred, if it was material, that the attachment was issued under the act of 1831, because a summons was…
2Cases cited3 opinions
- Clapp v. . GravesNew York Court of Appeals · 1863
- Hull v. . CarnleyNew York Court of Appeals · 1858
- Bascom v. . SmithNew York Court of Appeals · 1864
3Cited by1 opinion
- Simpson v. BurchNew York Supreme Court · 1875