Mallary v. Allen
City of New York Municipal Court
Appeal from an order vacating an attachment. Lyman Mallary sued Frank B. Allen for goods sold and delivered to the defendant by plaintiff’s assignor., An attachment was granted on an affidavit by plaintiff’s agent which was vacated on motion, upon the ground that the affidavit did not comply with section 636 of the Code of Civil Procedure requiring, in such an action that the affidavit show that “the plaintiff is entitled to recover a sum stated therein over and above all…
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Appeal from an order vacating an attachment. Lyman Mallary sued Frank B. Allen for goods sold and delivered to the defendant by plaintiff’s assignor., An attachment was granted on an affidavit by plaintiff’s agent which was vacated on motion, upon the ground that the affidavit did not comply with section 636 of the Code of Civil Procedure requiring, in such an action that the affidavit show that “the plaintiff is entitled to recover a sum stated therein over and above all counter-claims known to him.” From the order vacating the attachment, plaintiff appealed. The affidavit and the further…
1Opinion of the CourtHawes, J.
The affidavit in this case is made by Moses ft. Crow who describes himself as the agent or attorney of Lyman Mallary, the plaintiff. From his statement which is uncontradicted, and upon which the attachment herein was granted, it appears that Bradford Thomas &Co. of Boston, sold and delivered to defendant certain goods and merchandise, and there is due from the defendant on account of such sale the sum of $447.95. That the said firm has assigned the claim to the plaintiff, which assigment is in possession of the affiant. Full and unquestioned particulars of the transaction are set forth as…
2Cases cited6 opinions
- Steuben County Bank v. . AlbergerNew York Court of Appeals · 1879
- Tonnele v. . HallNew York Court of Appeals · 1850
- Ruppert v. . HaugNew York Court of Appeals · 1881
- Nicolls v. LawrenceMichigan Supreme Court · 1874
- Evans v. HolmesNew York Supreme Court · 1874
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Washburn v. Carthage Nat. BankNew York Supreme Court · 1895
- Dolbeer v. StoutThe Superior Court of New York City · 1892