Payne v. . Young
New York Court of Appeals
The plaintiff in this action sued the defendants in the superior court of the city of New York, for a quantity of coal sold to them. They defended the action on the ground that, the plaintiff being a nonresident of the state, had been proceeded against by attachment, as a nonresident debtor, and that regular proceedings had been thereupon had'restraining the payment of debts due to him.
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The plaintiff in this action sued the defendants in the superior court of the city of New York, for a quantity of coal sold to them. They defended the action on the ground that, the plaintiff being a nonresident of the state, had been proceeded against by attachment, as a nonresident debtor, and that regular proceedings had been thereupon had'restraining the payment of debts due to him. The only question litigated in the case arose upon the proofs upon which the attachment was obtained. The superior court held them insufficient, under the ruling in Staples v. Fairchild, (3 Corns. 4J,) and…
1Opinion of the CourtJewett, J.
The plaintiff, it is claimed by the defendants, was proceeded against by them on the ground that they were residents of the city and county of New York, and that he was a resident of the state of Pennsylvania. The material question made for determination, is, whether the application, made to the recorder of New York, for an attachment, stated that the applicants were residents of the city and county of New York. For unless it did, the at tackment and all subsequent proceedings under it, it is well settled, must be held to be void.
The application commences thus—“ The application of Charles L.…
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