53 N.Y.S. 360 | N.Y. App. Div. | 1898
We think the affidavits here were amply sufficient to confer jurisdiction to grant the attachment. The application to vacate the warrant was not made by the defendants, but by a junior attaching creditor; and it was made solely upon the papers upon which the attachment was granted. The affidavits fairly show that a change had occurred in the defendants’ financial condition, which materially reduced their ability to pay all claims and demands against them. The agreement between the parties was that, upon the occurrence of such a change, all of the defendants’ obligations in the hands of the bank should, at the latter’s option, immediately become due and payable. It was shown by the statements of Charles M. Allen, the defendants’ attorney in fact, made to the plaintiff’s vice president, that in April, 1898, there wTas a considerable increase in the de
The order appealed from should therefore be reversed, with 810 costs and disbursements, and the motion to vacate the attachment denied, with $10 costs. All concur.