Huyler v. Roberts — 38 N.Y.S. 1145

Majority

p. 1145

HUYLER, Respondent, v. ROBERTS, Appellant. BUSH, Respondent, v. SAME, Appellant. ROBY v. SAME. FIRST NAT. BANK OF JEANNETTE v. SAME. FIRST NAT. BANK OF BIRMINGHAM v. SAME.

(Supreme Court, Appellate Division, First Department.

May 8, 1896.)

Headnote

Several actions, by John S. Huyler, William Bush, James W. E. Roby, the First National Bank of Jeannette, Pa., and the First National Bank of Birmingham, Pa., respectively, against David H. Roberts. Otto Horwitz, for appellant. John J. Adams, for respondent.

These five cases are presented upon substantially the same state of facts as were before this court in the case of Glass Co. v. Roberts (recently decided) 38 N. Y. Supp. 301 , in which case the warrants of attachment had been vacated, and the order was affirmed by us. It is insisted here that additional facts have been made to appear. These facts are stated in the affidavit of Van Horn, which we have considered. But the facts therein stated do not change the aspect of the case as formerly presented to us, or require or permit any change in the result. The orders should be reversed, with $10 costs and disbursements, and the motion to vacate the attachment granted, with $10 costs in each case.