Talcott v. American Credit Indemnity Co.
Opinion
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.
Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.
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88 N.Y. Sup. Ct. 577 (Talcott v. American Credit Indemnity Co.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.