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Newkirk v. Hooker

33 N.Y.S. 1131 Court N.Y. City Ct. Decision date 1895-04-16 English

Delivered by MCCARTHY, J.

Contents

Majority

p. 1131
NEWKIRK, Respondent, v. HOOKER et al., Appellants.
(City Court of New York, General Term.
April 16, 1895.)

Headnote

Action by Abraham Newkirk against Walter H. Hooker and others, doing business as W. H. Hooker & Co.
Johnson & Dowd, for appellants.
Abraham Kling, for respondent.

The defendant, by moving on the original papers to vacate the attachment, concedes all that is stated in the affidavits and their legal intendment. Section 636, Code Civ. Proc.. does not apply to this court (see section 3160, Code Civ. Proc.), but section 3169 does. We think the affidavits, although not as full as they might be, are sufficient to sustain this attachment Order is therefore affirmed, with costs. All concur.