Kahn v. Hollander
New York Supreme Court
Action by Louis J. Kahn against Adolph Hollander and another. Plaintiff sued defendant for damages resulting from an alleged breach of contract to dye and dress certain furs, and procured a warrant of attachment on the ground of defendants’ alleged nonresidence, after which defendants applied to vacate the attachment on the ground that the affidavits therefor were insufficient.
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Action by Louis J. Kahn against Adolph Hollander and another. Plaintiff sued defendant for damages resulting from an alleged breach of contract to dye and dress certain furs, and procured a warrant of attachment on the ground of defendants’ alleged nonresidence, after which defendants applied to vacate the attachment on the ground that the affidavits therefor were insufficient. After hearing, the attachment was vacated, because there were no allegations in the affidavits showing that plaintiff had been damaged, and plaintiff moves for re-argument of a motion to vacate the attachment, or for…
1Opinion of the CourtLehman, J.
Upon the original motion I decided to vacate the attachment. Before an order was entered the plaintiff procured an order to show cause why a reargument should not be directed, or, in the alternative, for an order granting the plaintiff leave to amend his affidavits nunc pro tunc to meet the objections pointed out in my opinion.
Upon the reargument plaintiff relies upon the case of Haebler v. Bernharth, 115 N. Y. 459, 22 N. E. 167, not cited by him upon the original argument. I agree with him that the affidavits presented in that case are almost parallel with the affidavits upon which this…
2Cases cited5 opinions
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Haebler v. . BernharthNew York Court of Appeals · 1889
- National Broadway Bank v. BarkerNew York Supreme Court · 1891
- Southwell v. KingslandAppellate Division of the Supreme Court of the State of New York · 1903
- Chatham National Bank v. PrattNew York Supreme Court · 1891