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Appellate Terms of the Supreme Court of New York, 1913

Fagan v. Raymond Manufacturing Co.

Fagan v. Raymond Manufacturing Co.
Appellate Terms of the Supreme Court of New York · Decided May 15, 1913 · Bijur
80 Misc. 638; 141 N.Y.S. 948

Counsel

McCabe, Davis & Kernan (Ambrose F. McCabe and. John H. Jackson, of counsel), for appellant., A. S. Gilbert (Francis Gilbert, of counsel), for respondent.

Fagan v. Raymond Manufacturing Co.

Opinion of the Court

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.

*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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