Foote v. Ffoulke
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Charles M. Ffoulke and another, ' appearing specially for such purposes only, 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 10th day of September, 1900, denying the defendants’ motion, to vacate an attachment theretofore issued in the action.
1Opinion of the Court
O’Brien, J. :
Upon an examination of the various objections raised as to the validity of this attachment, only one, we think, requires discussion, namely, that relating to the nature of the action.
The warrant of attachment stated that it was granted for a cause of action to recover the sum of $8,199.67 “ as damages for breach of contract, express or implied ; ” and it is insisted that there is a fatal variance between this statement in the warrant and the causes of action set forth in the complaint, in that the latter are directed *618to obtaining damages for conversion and not for breach of…
2Cases cited8 opinions
- Fagnan v. . KnoxNew York Court of Appeals · 1876
- Stacy v. . GrahamNew York Court of Appeals · 1856
- Buel v. BoughtonNew York Supreme Court · 1846
- Utica Bank v. Van GiesonNew York Supreme Court · 1821
- Summers v. ColverAppellate Division of the Supreme Court of the State of New York · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Morgan's Louisiana & T. R. & S. S Co. v. StewartSupreme Court of Louisiana · 1907
- Babb v. PAUL REVERE LIFE INS. CO., WORCESTER, MASS.District Court, W.D. South Carolina · 1952
- Schulsinger v. BlauAppellate Division of the Supreme Court of the State of New York · 1903
- Lange v. SchileAppellate Division of the Supreme Court of the State of New York · 1906
- Good v. Hartford Accident & Indemnity Co.District Court, W.D. South Carolina · 1941
3 more not listed; retrieve them via the Exa API.