Bowery Bank v. Widmayer

City of New York Municipal Court

Bowery Bank v. Widmayer

9 N.Y.S. 629, 1890 N.Y. Misc. LEXIS 300

CourtCity of New York Municipal Court

DecidedApril 16, 1890

StatusPublished

Cited by1 cases

This text of 9 N.Y.S. 629 (Bowery Bank v. Widmayer) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bowery Bank v. Widmayer, 9 N.Y.S. 629, 1890 N.Y. Misc. LEXIS 300 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Giegerich, J.

The affidavit upon which the order for the examination of the judgment debtor in aid of an execution issued against the defendant’s property was granted, is defective, for the following reasons; (1) It fails to state what means of knowledge the informant of the affiant had, so that the court may determine whether the information is entitled to credit as proof. Manken v. Pape, 65 How. Pr. 453. (2) It does not allege a demand. Manken v. Pape, supra; Bank v. Wilson, 13 Hun, 232. As was well said by McAdam, J., in Manken v. Pape, supra: “The affidavit should show facts and circumstances, in order that the judge may decide whether there has been an unjust refusal,” and this the plaintiff has wholly failed to show. For reasons aforementioned, the order will be vacated, with $10 costs to be credited on the judgment.

Free access — add to your briefcase to read the full text and ask questions with AI

Giegerich, J.

The affidavit upon which the order for the examination of the judgment debtor in aid of an execution issued against the defendant’s property was granted, is defective, for the following reasons; (1) It fails to state what means of knowledge the informant of the affiant had, so that the court may determine whether the information is entitled to credit as proof. Manken v. Pape, 65 How. Pr. 453. (2) It does not allege a demand. Manken v. Pape, supra; Bank v. Wilson, 13 Hun, 232. As was well said by McAdam, J., in Manken v. Pape, supra: “The affidavit should show facts and circumstances, in order that the judge may decide whether there has been an unjust refusal,” and this the plaintiff has wholly failed to show. For reasons aforementioned, the order will be vacated, with $10 costs to be credited on the judgment.

Cite This Page — Counsel Stack

Bluebook (online)

9 N.Y.S. 629, 1890 N.Y. Misc. LEXIS 300, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bowery-bank-v-widmayer-nynyccityct-1890.

Opinion

Related

Cite This Page — Counsel Stack