Mechanics' & Traders' Bank v. Loucheim
New York Supreme Court
Appeal from special term, Yew York county. Application for an attachment by the Mechanics’ & Traders’ Bank against James Loucheim and Charles E. "Virtue. From an order denying a motion to vacate the attachment defendants appeal. See, also, post, 933, mem.
1Opinion of the CourtVan Brunt, J.
It would be undoubtedly true that, if the conclusions sworn to by the person who made the affidavit upon which the attachment in this case was granted had evidence to support them, the attachment would have been properly granted. The office of an affidavit is to set forth the evidence, from which the court may draw conclusions of fact, differing in this respect radically from a complaint, which' should only set forth conclusions of fact, and not the evidence of the correctness of these conclusions. The affidavit in question states that on or about the 5th of October. 1889, with intent and…
2Cited by8 opinions
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- J. H. Mohlman Co. v. LandwehrAppellate Division of the Supreme Court of the State of New York · 1903
- Kaeppler v. Red River Valley National BankNorth Dakota Supreme Court · 1899
- Tucker v. E. L. Goodsell Co.Appellate Division of the Supreme Court of the State of New York · 1897
- Thomas v. DickinsonNew York Supreme Court · 1890
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