Symons v. Symons — 6 N.Y. St. Rep. 870

Majority

p. 870

ALICE R. SYMONS v. WILLIAM SYMONS.

Headnote

Attachment—Sufficiency of affidavit.

Appeal from an order denying a motion to vacate an attachment on the ground of the insufficiency of the affidavit upon which it was issued.

The affidavit of the plaintiff alleges that she paid and delivered to thedefendant the sum of $2,500 to invest for her; that he received it for that purpose; that it bad been demanded from him; that he had appointed a time when he would return it, but had failed to refund, and that he had converted the money to his own use.

Blandy & Hatch, for William E. Clark et al., subsequent attaching creditors, app’lts; John Z. Lott, forpl’ff.

There was a warrant of attachment against the property of the defendant in this action, and subsequently another attachment was issued against him in favor of another creditor, and seizures of property were made under both warrants.

Then the plaintiff in the second attachment made a motion to vacate the first attachment on the ground of the insufficiency of the affidavit upon which it was issued, and the undertaking tendered upon its procurement.

The motion was denied, and from the order of denial this appeal is taken.

We find the affidavit and undertaking sufficient, and the order should be affirmed, with ten dollars costs and disbursements.

Barnard, P. J., and Pratt, J., concur.