Kerr v. Smith
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Addison Smith, 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 14th day of April, 1913.
1Per curiam
Appeal from an order denying defendant’s motion, made on additional affidavits, to vacate an attachment.
An inspection of the complaint shows that it states no cause of action, and that the attachment was improvidently granted. The complaint contains thirteen separate counts substantially identical in form, the portions of which material to this appeal are as follows: “ That heretofore and on or about the day of Addison Smith made and delivered to one Eliza M. Smith his promissory note in writing, dated on that day, and thereby promised to pay the estate of Eliza M. Smith, upon her death, the…
2Cases cited2 opinions
- Deyo v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1900
- Rice v. RiceAppellate Division of the Supreme Court of the State of New York · 1899
3Cited by9 opinions
- Owens v. BlackburnAppellate Division of the Supreme Court of the State of New York · 1914
- Soldier Valley Savings Bank v. Camanche Sand & Gravel Co.Supreme Court of Iowa · 1935
- Dávila v. Sucesión de CruzSupreme Court of Puerto Rico · 1942
- Luckett v. CohenDistrict Court, S.D. New York · 1956
- Cohen v. MunzerNew York Supreme Court · 1955
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