Tucker v. E. L. Goodsell Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, the E. L. Goodsell Company, from an order of the Supreme Court, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 23d day of October, 1896, denying its motion to vacate an attachment on the papers on which it was granted.
1Opinion of the Court
Per Curiam :
The order appealed from must be reversed. The affidavits upon which the attachment was granted are insufficient. They simply contain verified allegations of fact, and no -proof of the facts so alleged. The plaintiff, although but an assignee of the claim, deposes that all the facts so alleged are true “ to his own knowledge.” That is an astonishing statement when we consider what the facts alleged really are. The complaint sets out that a firm doing business in London, England, under the name of Greenwood, Haro & Co., placed “ certain ” goods in the hands of the defendant cor*90porati…
2Cases cited4 opinions
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Haebler v. . BernharthNew York Court of Appeals · 1889
- Mechanics' & Traders' Bank v. LoucheimNew York Supreme Court · 1890
- Town of Duanesburgh v. JenkinsNew York Supreme Court · 1863
3Cited by5 opinions
- James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901
- N. Dain's Sons Co. v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Foster v. RogersNew York Supreme Court · 1900
- James v. SignellAppellate Division of the Supreme Court of the State of New York · 1901
- Commercial Wood & Cement Co. v. Northampton Portland Cement Co.New York Supreme Court · 1903