Reilly v. Sisson
New York Supreme Court
Motion to vacate an attachment against tüe property of the defendant as a non-resident debtor. The plaintiff in his affidavit on which the attachment was granted alleges that the defendant was indebted to him in the jnst and full sum of $6,000, over and above all counter-claims, for damages for a breach of a contract, express or implied, other than a contract to marry, and that such indebtedness arises upon the facts stated ; and the facts are these: That at sundry times…
Read the full summary
Motion to vacate an attachment against tüe property of the defendant as a non-resident debtor. The plaintiff in his affidavit on which the attachment was granted alleges that the defendant was indebted to him in the jnst and full sum of $6,000, over and above all counter-claims, for damages for a breach of a contract, express or implied, other than a contract to marry, and that such indebtedness arises upon the facts stated ; and the facts are these: That at sundry times since April 1, 1883, up to and including this date, namely, the 5th day of November, 1883, upon which day the attachment…
1Opinion of the CourtLawrence, J.
— The affidavit on which this attachment was issued seems to me to he subject to the criticism which was made by the general term of this department upon the affidavit in Smith agt. Davis (29 Hun, 306); see, also, Pomeroy agt. Ricketts (28 Hun, 308). Again, if the affidavit is true a portion of the loan was made on the day the attachment was issued. Therefore I do not think that a breach of the alleged contract was shown (See my opinion in Smadbeck agt. Sisson, ante, 220.) See, also, generally as to the particularity required in stating the plaintiff’s claim on an application for an…
2Cases cited2 opinions
- Ruppert v. . HaugNew York Court of Appeals · 1881
- Skiff v. StewartNew York Supreme Court · 1866