Outerbridge v. Campbell
Appellate Division of the Supreme Court of the State of New York
Appeal from Special Term, Kings County. Action by Thomas J. Outerbridge against Royer Campbell and another. From an order vacating an attachment against defendants’ property, plaintiff appeals. Affirmed.
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Appeal from Special Term, Kings County. Action by Thomas J. Outerbridge against Royer Campbell and another. From an order vacating an attachment against defendants’ property, plaintiff appeals. Affirmed. Plaintiff’s attachment affidavit alleged that defendants during all the times thereafter mentioned were, and still are, nonresidents of the state of New York, and are copartners in business under the firm name of Campbell & Urquhart, but reside and are so engaged in business at San Antonio, in the state of Texas, and were and still are engaged in the business of selling and shipping from the…
1Opinion of the CourtHirschberg, J.
The order vacating the attachment was granted by the justice of the Supreme Court who issued it. It was granted upon the original papers, and no opinion was written. An examination of the points made by the learned counsel for the respondents discloses but one which appears to justify the order, and upon that alone can an affirmance be predicated, although that goes to the foundation of the action, and the order permits a renewal of the application for an attachment “upon further and additional papers.”
The allegation as to the nonresidence of the defendants was clearly sufficient. See Hayden…
2Cases cited11 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Martin v. New York Life InsuranceNew York Court of Appeals · 1895
- Willcox & Gibbs Sewing MacHine Co. v. EwingSupreme Court of the United States · 1891
- Carrier v. United Paper Co.New York Supreme Court · 1893
- Potter v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
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3Cited by2 opinions
- Feiber v. Home Silk MillsAppellate Terms of the Supreme Court of New York · 1913
- Frank v. Manhattan Maternity & DispensaryAppellate Terms of the Supreme Court of New York · 1907