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Chittenden v. San Domingo Improvement Co.

126 A.D. 946 Court N.Y. App. Div. English

Delivered by McLaughlin, J. (dissenting):

Contents

Dissent

p. 946
Caroline Sayles Chittenden (Formerly Caroline M. Holls), as Sole Executrix, etc., of Frederick W. Holls, Deceased, Respondent, v. San Domingo Improvement Company of New York, Appellant.

Headnote

Appeal from an order denying a motion made by defendant to vacate or modify an attachment.
Order affirmed, with ten dollars costs and disbursements. No opinion. Present — Ingraham, McLaughlin, Laughlin, Houghton and Scott, JJ. Dissenting memorandum by McLaughlin, J.

I dissent on the ground that the facts stated • are insufficient to show that the plaintiff is entitled to recover any specific sum to exceed §35,000, and that there is no evidence to show the value of services rendered beyond that amount. For that reason the attachment should be reduced to $35,000.