Mindlin v. Saxony Spinning Co.

Citations

• 261 Pa. 354
• 104 A. 598
• 1918 Pa. LEXIS 746

Syllabus

<p>Foreign attachment — Affidavit of cause of action — Jurisdiction— Property within jurisdiction — Defects in affidavit — Amendment— Breach of contract of sale — Averments — Order — Acceptance— Breach — Marhet price — Assessment of damages.</p> <p>1. In foreign attachment the affidavit must set out a good cause of action and such facts as give the court jurisdiction and must not be ambiguous nor depend upon conjecture or inference nor on conclusions of law from facts not set forth.</p> <p>2. The affidavit in a foreign attachment for breach of contract for sale of cotton yarn, based on a written order, must state when and how the order was accepted, whether in writing or by parol, and the same as to the breach of the contract; it must also state when the goods should have been delivered, and finally what the market price then was, to furnish a basis for assessment of damages.</p> <p>3. To support a writ of foreign attachment, it is as necessary that defendant have property within the jurisdiction as that he be beyond it. Both are essential and must be averred.</p> <p>4. The absence of averment as to ownership of defendant’s property may be treated as formal and supplied by amendment.</p> <p>5. The object of a writ of foreign attachment is to eompe^ the appearance of defendant, and, to authorize such writ, he must have property within the jurisdiction of the court; otherwise there is nothing to attach and no means of compelling an appearance or of securing plaintiff’s claim.</p>