Legal Opinion

Lawton v. Reil

New York Supreme Court

Decided February 15, 1868PublishedCited by 5 opinions

Present, Barnard, Ingraham and Sutherland, Justices. The defendants appeal-from an order denying motion to vacate attachment.

1Opinion of the CourtIngraham, J.

The attachment was issued against the defendants as non-resident debtors. The claim of the plaintiff was for damages arising upon the breach of a contract on part of defendants to purchase for the plaintiffs sound corn; and the breach complained of was that the com was not sound, but heated and spoiled.

The damages claimed was the difference between the cost price and the price at which the plaintiffs sold the same.

The first ground relied upon is that the damages are unliquidated, and that in such a case the Code does not provide for an attachment. The only requisites in the Code are that the…

2Cases cited1 opinion

  1. Ward v. BeggNew York Supreme Court · 1854

3Cited by5 opinions

  1. Hale Bros. v. MillikenCalifornia Supreme Court · 1904
  2. Dunn v. MackeyCalifornia Supreme Court · 1889
  3. United States v. GraffNew York Supreme Court · 1875
  4. Coats v. ArthurSouth Dakota Supreme Court · 1894
  5. Frankel v. BrownCity of New York Municipal Court · 1901

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