Talcott v. American Credit Indemnity Co.

New York Supreme Court

Talcott v. American Credit Indemnity Co.

88 N.Y. Sup. Ct. 577

DecidedNovember 15, 1894

StatusPublished

This text of 88 N.Y. Sup. Ct. 577 (Talcott v. American Credit Indemnity Co.) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Talcott v. American Credit Indemnity Co., 88 N.Y. Sup. Ct. 577 (N.Y. Super. Ct. 1894).

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Opinion

Per Curiam :

Neither the affidavit upon which the attachment was granted nor the complaint contains any averments as to the residence of the plaintiff or the place of origin of the cause of action. The recitals in the instrument referred to in the complaint cannot supply the place of an averment, as they are mere words of description and not of allegation.

The order should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

Present — Yan Brunt, P. J., O’Brien and Follett, JJ.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Per Curiam :

Neither the affidavit upon which the attachment was granted nor the complaint contains any averments as to the residence of the plaintiff or the place of origin of the cause of action. The recitals in the instrument referred to in the complaint cannot supply the place of an averment, as they are mere words of description and not of allegation.

The order should be reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

Present — Yan Brunt, P. J., O’Brien and Follett, JJ.

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

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Bluebook (online)

88 N.Y. Sup. Ct. 577, Counsel Stack Legal Research, https://law.counselstack.com/opinion/talcott-v-american-credit-indemnity-co-nysupct-1894.