Hyperlawhypertext legal database Fagan v. Raymond Mfg. Co. 141 N.Y.S. 948

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Fagan v. Raymond Mfg. Co.

141 N.Y.S. 948 Court Argued May term, 1913, before LEHMAN, BIJUR, and WHITAKER, JJ. Decision date 1913-05-22 English

Delivered by BIJUR, J.

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p. 948
(80 Misc. Rep. 638.)
FAGAN v. RAYMOND MFG. CO.
(Supreme Court, Appellate Term, First Department.
May 22, 1913.>

Headnote

Courts (§ 188*)—Inferior Courts—City Court of New York—Jurisdiction —Warrant of Attachment.
Under Code Civ. Proc. § 682, authorizing applications to vacate or modify a warrant of attachment after property has been attached, the City Court of New York, issuing a warrant of attachment for a sum over $4,000 as demanded by the complaint, must reduce the amount of the warrant to $2,000, with interest and costs, the extent of its jurisdiction, and limit the liability of the sureties to that sum; but it cannot vacate the warrant for want of jurisdiction to issue it.
[Ed. Note.—For other cases, see Courts, Cent. Dig. §§ 439, 440, 442, 447, 448, 451, 452, 454, 458, 464, 465, 467, 468; Dec. Dig. § 188.[1] ]
p. 949
Appeal from City Court of New York, Special Term.
Action by James C. Fagan against the Raymond Manufacturing Company. From an order of a justice of the City Court of New York, vacating a warrant of attachment for that, as both the complaint and the warrant were for over $4,000, the court was without jurisdiction, plaintiff appeals. Reversed, and warrant of attachment modified.
Argued May term, 1913, before LEHMAN, BIJUR, and WHITAKER, JJ.
McCabe, Davis & Kernan, of New York City (Ambrose F. McCabe and John H. Jackson, both of New York City, of counsel), for appellant.
A. S. Gilbert, of New York City (Francis Gilbert, of New York City, of counsel), for respondent.

I find nothing in the recently decided case of Lewkowicz v. Queen Aeroplane Co., 154 App. Div. 142 , 138 N. Y. Supp. 983 , affirmed 207 N. Y. 290 , 100 N. E. 796 , to justify the view that the court had no jurisdiction to issue the warrant. The amount should, however, be reduced to $2,000. Code Civ. Proc. § 682; Guarantee Co. v. Moore, 35 App. Div. 421 , 425, 54 N. Y. Supp. 787 .

The order should be reversed, and the warrant of attachment modified, by reducing the amount thereof to $2,000, with interest and costs, and the liability of the surety on the undertaking given to discharge the attachment limited to $2,000, with interest and costs, with $10 costs and disbursements of the appeal to the appellant. All concur.

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