Brandly v. American Butter Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Albert Bussell Brandly,' from an ol’der of tliej Supreme Obuft, made at the New York Special Term aiid entered in the office of the clerk of the county of New York on the 20th day of' November,'1908, granting the defendant’s motion tb vacate a warrant: of attachment and the levy made thereunder.
1Opinion of the Court
Houghton, J.:
In March, 1905, the plaintiff obtained an attachment against the defendant, a foreign corporation, and a levy was made thereunder *411and the defendant gave an undertaking tó discharge the same. In September, 1908, the defendant moved to discharge the attachment and the levy and cancel the undertaking on the papers upon which the attachment was granted, and from the order granting such " motion the plaintiff appeals.
The principal ground upon which the attachment was set aside and upon which the order is sought to be sustained is that the moving papers did not disclose that the…
2Cases cited2 opinions
- Buell v. . Van CampNew York Court of Appeals · 1890
- Stewart v. LymanAppellate Division of the Supreme Court of the State of New York · 1901
3Cited by11 opinions
- Swiss Bank Corp. v. EatessamiAppellate Division of the Supreme Court of the State of New York · 1966
- Stines v. Hertz Corp.Appellate Division of the Supreme Court of the State of New York · 1964
- Calmon Asbestos & Rubber Works of America v. Asbest-Und-GummiwerkeAppellate Division of the Supreme Court of the State of New York · 1910
- Kelderhouse v. McGarryNew York Supreme Court · 1913
- In re the Estate of BehnckeNew York Surrogate's Court · 1939
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