E. W. Bliss Co. v. Opera-Glass Supply Co.
New York Supreme Court
Appeal from special term, New York county. Action by the E. W. Bliss Company against the Opera-Glass Supply Company. A motion was made to vacate an attachment based'on the papers on which the attachment was granted." The defect particularly relied upon was-that the affidavits failed to show that plaintiff was entitled to recover the sum stated therein over and above all counter-claims known to the plaintiff. The motion was denied, and defendant appeals. Code Civil Proc.
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Appeal from special term, New York county. Action by the E. W. Bliss Company against the Opera-Glass Supply Company. A motion was made to vacate an attachment based'on the papers on which the attachment was granted." The defect particularly relied upon was-that the affidavits failed to show that plaintiff was entitled to recover the sum stated therein over and above all counter-claims known to the plaintiff. The motion was denied, and defendant appeals. Code Civil Proc. N. Y. § 636, provides that “to 'entitle the plaintiff to sucli a warrant he must show, by affidavit, to the satisfaction of…
1Opinion of the CourtBarrett, J.
The sole ground upon which a reversal is here claimed is-that the affidavits upon which the attachment was granted do not show a right to recover the sum sued for “over and above all counter-claims” known to the plaintiff. The cause of action is fully established by the affidavit of Mr. Porter, who was the plaintiff’s secretary and treasurer at the times mentioned in the complaint, and who had personal knowledge of all the matters in question. Mr. Porter states that the plaintiff is entitled to recover from the defendant the unpaid balance claimed in the complaint, “over and above-all…
Also in this document: Concurrence.
2Cases cited3 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Buell v. . Van CampNew York Court of Appeals · 1890
- Ruppert v. . HaugNew York Court of Appeals · 1881
3Cited by2 opinions
- Central National Bank v. Fort Ann Woolen Co.New York Supreme Court · 1894
- Central National Bank v. Ft. Ann Woolen Co.New York Supreme Court · 1893