Crook v. Lipton
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William H. Crook, Jr., 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 2d day of April, 1918, as resettled, granting defendant’s motion to vacate a warrant of attachment herein.
1Opinion of the Court
Shearn, J.:
The action was brought to recover damages for breach of two separate contracts between defendant and plaintiff’s assignor, each being for the sale by defendant of brass turnings of a designated quality. The attachment was issued on April 26, 1917, and the motion to vacate, which was made solely upon the original papers, was not made until March 9, 1918.
The most serious ground of attack upon the sufficiency of the papers is the proof with respect to the vital matter upon which the entire cause of action turns, namely, as to the defective quality of the brass turnings supplied. This…
2Cases cited1 opinion
- Stiner v. Tennessee Copper Co.Appellate Division of the Supreme Court of the State of New York · 1916
3Cited by1 opinion
- Crook v. LiptonAppellate Division of the Supreme Court of the State of New York · 1918