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Einstein v. Climax Cycle Co.

42 N.Y.S. 1124 Court N.Y. App. Div. Decision date 1897-01-15 English

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p. 1124
EINSTEIN v. CLIMAX CYCLE CO.
(Supreme Court, Appellate Division, First Department.
January 15, 1897.)

Headnote

Action by George Einstein against the Climax Cycle Company. Eli M. Cohen, a junior attaching creditor, moved to vacate the prior attachment. For decision on said motion, see 41 N. Y. Supp. 837 . Harold Nathan, for appellant. Stillman F. Kneeland, for respondent.

This is a motion made by a junior attaching creditor to set aside an attachment procured by the plaintiff. The ground upon which the attachment was vacated was the insufficiency of the affidavit upon which it was granted. That affidavit was made by the assignee of the claim sued upon, and he asserted the facts constituting the cause of action to be within his own knowledge, but did not disclose his means of knowledge, nor give any information as to how that alleged knowledge was obtained. The case, therefore, comes within the ruling made in Hoormann v. Cycle Co., 9 App. Div. 579 , 41 N. Y. Supp. 710 , and the order should be affirmed, with costs.

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