Equitable Plan Co. v. Dix Box Co.

Appeal by defendant Dix Box Company from an order denying its motion to discharge a writ of attachment.

The action is for money. The complaint is in five counts. The first count is on a check dated June 26, 1957, made by defendant payable to plaintiff for $1,187.80. The second count is on a check dated June 27, 1957, made by defendant payable to plaintiff in the amount of $2,318. The third count is on a check dated June 28, 1957, made by defendant payable to plaintiff in the amount of $255.28. Defendant stopped payment on each check. The fourth and fifth counts are for money had and received totaling $20,227.94. The prayer is for $23,959.02.

With the complaint, plaintiff filed an affidavit for a writ of attachment which stated “that the payment of the same has not been secured by any mortgage, deed of trust, or lien upon real estate or personal property, or any pledge of personal property.” The writ issued and about $888.81 was attached.

Defendant filed a motion to discharge the attachment. In support thereof it filed an affidavit of its president which stated: he believes and is advised by his counsel that plaintiff has no reasonable ground for alleging the indebtedness; the…