Barstow Stove Co. v. Darling
New York Supreme Court
Appeal from special term, New York county. Action by Barstow Stove Company against Albert M. Darling, as administrator, etc. From an order vacating a warrant of attachment, plaintiff appeals. Reversed. The affidavit on which the attachment was granted is as follows: Royal F. Harvey, being duly sworn, says: First.
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Appeal from special term, New York county. Action by Barstow Stove Company against Albert M. Darling, as administrator, etc. From an order vacating a warrant of attachment, plaintiff appeals. Reversed. The affidavit on which the attachment was granted is as follows: Royal F. Harvey, being duly sworn, says: First. That he is the manager and agent of the Barstow Stove Company, the plaintiff in the above-entitled action, in the state of New York, and has the general charge and management of the business of said plaintiff carried on within said state. That said plaintiff is a foreign corporation,…
1Opinion of the CourtParker, J.
The decision of this court in Bank v. Hall, 60 Hun, 466, 15 N. Y. Supp. 208, does not support the order appealed from, which vacates a warrant of attachment. It was not held in that case that an affidavit by an officer of a corporation is necessarily defective because it omits to allege that the affiánt was such officer at the time the indebtedness alleged was incurred. The defects in the affidavit in that case were pointed out in the prevailing opinion as follows:
“The affiant nowhere states that he has any knowledge of the financial affairs of the appellant corporation, or that he had any…
2Cases cited2 opinions
- Manufacturers' National Bank v. HallNew York Supreme Court · 1891
- Essex County National Bank v. JohnsonNew York Supreme Court · 1891
3Cited by4 opinions
- E. & H. T. Anthony & Co. v. FoxAppellate Division of the Supreme Court of the State of New York · 1900
- King v. KingAppellate Division of the Supreme Court of the State of New York · 1901
- Finchley, Inc. v. Cooper & Co.Appellate Division of the Supreme Court of the State of New York · 1921
- E. & H. T. Anthony & Co. v. FoxNew York Supreme Court · 1900