Waverly Co. v. Worthington Co.
The Superior Court of the City of New York and Buffalo
Appeal from special term. Action by the Waverly Company against the Worthington Company. From an order vacating an attachment against defendant’s property, plaintiff appeals.
1Opinion of the CourtMcADAM, J.
Every fact upon which the plaintiff relied to sustain the provisional remedy invoked was denied and disproved by the defendant’s officers, so that the court below, on the whole case, -was called upon to determine whether the attachment should be continued or not. It decided, upon the entire proofs, that the attachment should be vacated, and committed no error in reaching that ■conclusion. The order made by the supreme court January 26,1893, -appointing a temporary receiver of the defendant’s property in proceedings for a voluntary dissolution of the corporation, did not disable the defendant…
2Cases cited5 opinions
- Dickinson v. BenhamNew York Supreme Court · 1860
- Auburn Button Co. v. SylvesterNew York Supreme Court · 1893
- Dickinson v. BenhamNew York Supreme Court · 1860
- Brewer v. TuckerThe Superior Court of New York City · 1861
- Gasherie v. AppleThe Superior Court of New York City · 1861