Fagan v. Raymond Manufacturing Co.

Appellate Terms of the Supreme Court of New York

Fagan v. Raymond Manufacturing Co.

80 Misc. 638, 141 N.Y.S. 948

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1913

StatusPublished

This text of 80 Misc. 638 (Fagan v. Raymond Manufacturing Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Fagan v. Raymond Manufacturing Co., 80 Misc. 638, 141 N.Y.S. 948 (N.Y. Ct. App. 1913).

Pincite

Opinion

Bijur, J.

I find nothing in the recently decided case of Lewkowicz v. Queen Aeroplane Co., 154 App. Div. 142; affd., 207 N. Y. 209, to justify the view that the court had no jurisdiction to issue the warrant. The amount should, however, be reduced to $2,000. Code Civ. Pro., § 682; Guarantee Co. v. Moore, 35 App. Div. 421, 425.

[639]*639The order should he reversed, and the warrant of attachment modified by reducing the amount thereof to $2,000, with interest and costs, and the liability of the surety on the undertaking given to discharge the attachment limited to $2,000, with interest and costs, with $10 costs and disbursements of the appeal to the appellant.

Lehman and Whitaker, JJ., concur.

Order reversed and order of attachment modified.

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