Goodyear v. Commercial Fire Insurance

Appellate Division of the Supreme Court of New York

Goodyear v. Commercial Fire Insurance

68 N.Y.S. 756, 58 A.D. 611

CourtAppellate Division of the Supreme Court of the State of New York

DecidedFebruary 25, 1901

StatusPublished

Cited by2 cases

This text of 68 N.Y.S. 756 (Goodyear v. Commercial Fire Insurance) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Goodyear v. Commercial Fire Insurance, 68 N.Y.S. 756, 58 A.D. 611 (N.Y. Ct. App. 1901).

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Opinion

RUMSEY, J.

This motion was granted, and the writ of attachment vacated, upon the ground that the action was prematurely brought. Upon motions for relief of this kind, the merits of the action will not usually be considered, and, unless it is certain that the complaint is so defective that the plaintiffs cannot recover in the action, the motion will be denied, and the writ of attachment continued until the final determination of the action. Furbush v. Nye, 17 App. Div. 325, 45 N. Y. Supp. 214; Investment Co. v. Moore, 35 App. Div. 421, 54 N. Y. Supp. 787. The application of this rule requires that this order should be reversed, and the motion to vacate the attachment denied.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

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RUMSEY, J.

This motion was granted, and the writ of attachment vacated, upon the ground that the action was prematurely brought. Upon motions for relief of this kind, the merits of the action will not usually be considered, and, unless it is certain that the complaint is so defective that the plaintiffs cannot recover in the action, the motion will be denied, and the writ of attachment continued until the final determination of the action. Furbush v. Nye, 17 App. Div. 325, 45 N. Y. Supp. 214; Investment Co. v. Moore, 35 App. Div. 421, 54 N. Y. Supp. 787. The application of this rule requires that this order should be reversed, and the motion to vacate the attachment denied.

Order reversed, with $10 costs and disbursements, and motion denied, with $10 costs. All concur.

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Bluebook (online)

68 N.Y.S. 756, 58 A.D. 611, Counsel Stack Legal Research, https://law.counselstack.com/opinion/goodyear-v-commercial-fire-insurance-nyappdiv-1901.

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