Practice in Attachment of Property for the State of New York With Complete Forms

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466 ; 14 S. W. 1079 ; Bump V. Daheny, 36 N. Y. State Rep. 114 ; 12 N. Y.
Supp. 901.
So an affidavit for an attachment is insufficient where the grounds rest merely upon hearsay, information and belief ; Re Stonehridge, 25 N. Y. State Rep. 425 ; 33 48 PRACTICE IN ATTACHMENT OF PROPERTY.
Hun, 545; 6 JST. Y. Supp. 311; and where, from the situation of the parties, the presumption is that the affiant has no personal knowledge of the facts alleged in his affidavit, the affiant must set forth the fac
...ts and cir- cumstances showing why he has personal knowledge ; Mechanic & T. Bk. v. Loucheim, 29 N. Y. State Rep.
188 ; 55 Hun, 396 ; 8 N". Y. Supp. 520.
Thus an affidavit of an attorney, although stating in form the amount of the plaintiff's claim, is insufficient ; Strussguth v. Reigelman, 75 Wis. 212. But statements resting npon information and belief must be taken into consideration in connection with other matters ; Leiser V. Rosman, 32 N. Y. State Rep. 739 ; 10 N. Y. Supp.
415. The positive affidavit of the assignee of a demand may be accepted, where, by reason of his employment and surroundings, he obtained such knowledge concern- ing the demand of the assignor as enabled him to make the statement concerning it of his own knowledge, and not merely on information ; Hill v.


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