Del Piatta v. Mendoza
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Pablo Mendoza, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 28th day of January, 1921, denying defendant’s motion to vacate an order directing the service of the summons herein by publication, and to vacate the warrant of attachment granted herein or in the alternative to modify the same.
1Opinion of the Court
Dowling, J.:
This action was brought to recover the amount of $8,100 upon two causes of action based upon contracts alleged to have been made by defendant on June 4, 1920, whereby he was to pay plaintiff the sum of $2,900 and $6,200, respectively, for the preparation, modelling, sculpturing and delivery of certain figures in cement and in bronze.
On December 10,1920, a warrant of attachment was obtained against the property of, the defendant upon the grounds that the action was brought to recover a sum of money only as damages for breach of contract, express or implied, other than a contract to…
2Cases cited1 opinion
- Thomas v. . GageNew York Court of Appeals · 1898
3Cited by3 opinions
- Dimmerling v. . AndrewsNew York Court of Appeals · 1923
- Mignon v. Tuller Fabrics Corp.Appellate Division of the Supreme Court of the State of New York · 1956
- Rich v. St. JohnAppellate Division of the Supreme Court of the State of New York · 1923