Claflin v. Baere
New York Supreme Court
In December last, Messrs. H. B. Olaflin & Oo. made an application to judge Donohue for a warrant of attachment. against the property of Baere Brothers of Brooklyn.
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In December last, Messrs. H. B. Olaflin & Oo. made an application to judge Donohue for a warrant of attachment. against the property of Baere Brothers of Brooklyn. The application was based upon the affidavit of Thomas D. Adams, of Claflin’s, which, after, setting forth their claim, amounting to $6,269.12, recited that one of the defendants made certain statements to him as to their responsibility, upon the faith of which the goods were sold and delivered; that between December fifteenth and twentieth, Mr. Adams asked one of the defendants (after he had been informed that defendants were…
1Opinion of the CourtBarrett, J.
After careful consideration, we see no way of sustaining this attachment. That the affidavit was insufficient does not admit of debate. The only material statements are upon information and belief and the sources are not given.
2. The discharge of the attachment under section 687 does not prevent the vacating or modifying of the warrant under section 682. The former proceeding is merely to release the attached property in whole or in part by substituting security therefor. The order thereon is that the attachment be discharged “ as to the whole or a part of the property attached ” (See Garbelt…
2Cited by5 opinions
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