Abdun-Nur v. Arbeed
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Fred A. Arbeed, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 18th day of October, 1921, denying defendant’s motion to vacate an attachment.
1Opinion of the Court
Page, J.:
The plaintiff alleges three causes of action for money had and received, set forth in the form of a common count in common-law pleading. Such .form has been approved as a sufficient statement of a cause of action as against a demurrer.
The affidavit practically states the same ultimate facts without stating evidentiary facts tending to prove the causes of action. We have repeatedly held that: “An affidavit in support of an attachment must contain evidence from which the court can determine that the ultimate facts stated in the pleadings can be substantiated.” (Makepeace v. Dilltown…
2Cases cited1 opinion
- Makepeace v. Dilltown Smokeless Coal Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by2 opinions
- Leon H. Glaser v. North American Uranium & Oil Corp., a CorporationCourt of Appeals for the Second Circuit · 1955
- Mayer v. Hungarian Commercial Bank of PestDistrict Court, E.D. New York · 1937