Ladenburg v. . Commercial Bank
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 18,1895, which affirmed an order of Special Term vacating an. attachment. The facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, made October 18,1895, which affirmed an order of Special Term vacating an. attachment. The facts, so far as material, are stated in the opinion. A junior attaching creditor, as-a foundation for his motion, must show that his papers are free from' defects to entitle him to any right to move to set aside a prior attachment; or, even if the papers on which the attachment sought to he set aside are defective, yet, if the papers of the moving attaching creditor are equally defective,, his motion cannot he…
1Per curiam
The motion of the junior attaching creditor to set aside the attachment in favor of the plaintiffs was based on the ground that the affidavit on which the attachment issued furnished no legal evidence of the non-acceptance and protest ■of the bills of exchange sued upon. The bills were drawn by the defendant upon a London bank, and the facts of presentment and protest were alleged on information and belief, but the affidavit (which was made by one of the plaintiffs) stated that the “ sources of deponent’s information and belief are cable despatches received from correspondents of deponent’s…
2Cited by2 opinions
- Monette v. ChardonNew York Supreme Court · 1896
- Belmont v. Sigua Iron Co.Appellate Division of the Supreme Court of the State of New York · 1896