Dexter & Carpenter, Inc. v. Lake & Export Coal Corp.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Dexter & Carpenter, Inc., 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 12th day of January, 1921, resettling an order entered in said clerk’s office on the 20th day of December, 1920, vacating a warrant of attachment against the property of the defendant and refusing to permit to be read or considered certain affidavits permitted to be served and filed by…
Read the full summary
Appeal by the plaintiff, Dexter & Carpenter, Inc., 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 12th day of January, 1921, resettling an order entered in said clerk’s office on the 20th day of December, 1920, vacating a warrant of attachment against the property of the defendant and refusing to permit to be read or considered certain affidavits permitted to be served and filed by the court on the return of the motion to vacate the warrant of attachment.
1Opinion of the Court
Laughlin, J.:
The warrant of attachment was issued on the ground that the defendant is a foreign corporation and the motion to vacate it was made on the original papers. The plaintiff, claiming that the objections to the sufficiency of the papers on which the warrant of attachment was granted related to defects or insufficiencies curable by supplemental affidavits under' the provisions of section 768 of the Code of Civil Procedure, and that the defects or insufficiencies could be cured or supplied without prejudice to any intervening rights, on the return of the motion asked leave pursuant to…
2Cases cited2 opinions
- Delafield v. J. K. Armsby Co.Appellate Division of the Supreme Court of the State of New York · 1901
- Kahn v. HollanderAppellate Division of the Supreme Court of the State of New York · 1910
3Cited by14 opinions
- Air Conditioning Training Corp. v. PirroteAppellate Division of the Supreme Court of the State of New York · 1946
- Brown v. Chaminade Velours, Inc.New York Supreme Court · 1941
- Heitzmann v. Willys-Overland Motors, Inc.District Court, E.D. New York · 1946
- Northwest Engineering Co. v. RapplNew York Supreme Court · 1928
- Siegel v. Waynesboro Knitting Co.District Court, S.D. New York · 1934
9 more not listed; retrieve them via the Exa API.