Legal Opinion
Northwest Engineering Co. v. Rappl
New York Supreme Court
Decided July 11, 1928PublishedCited by 7 opinions
1Opinion of the CourtThompson, J.
Without doubt the affidavit is defective in that it fails to set forth the alleged cause of the detention of the property replevined “ according to the best knowledge, information and *498belief of the person making the affidavit.” (Civ. Prac. Act, §§ 1095, 1096, subd. 4; Wagman v. Raynor, 163 App. Div. 68.)
It appears that before any action was taken on the part of the plaintiff it made a demand on the defendants for the return of the machine, and it was refused. So plaintiff here asks permission to amend its affidavit by inserting a clause setting forth these facts.
This is not such a mistake,…
2Cases cited5 opinions
- Dexter & Carpenter, Inc. v. Lake & Export Coal Corp.Appellate Division of the Supreme Court of the State of New York · 1921
- Conklin v. Federal Trust Co.Appellate Division of the Supreme Court of the State of New York · 1917
- Van Dyke v. New York State Banking Co.New York Supreme Court · 1896
- Colcord v. Banco de TamaulipasAppellate Division of the Supreme Court of the State of New York · 1920
- Wagman v. RaynorAppellate Division of the Supreme Court of the State of New York · 1914
3Cited by7 opinions
- Asphalt Pavers, Inc. v. CosentinoNassau County District Court · 1967
- Johnson v. Waldo Griffiths, Inc.New York Supreme Court · 1932
- Kaufman v. LeveyNew York Supreme Court · 1931
- Triangle Mint Corp. v. HorganCity of New York Municipal Court · 1929
- Grant v. ShoesNew York Supreme Court · 1954
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