New York Supreme Court May 15, 1884 (Golden Gate Co. v. Jackson)

Barrett, J.

The point is well taken that the damages are not liquidated by the affidavit. An attachment cannot be reduced, consequently a general averment of damage, as in a complaint, will not do. The specific sum must be established by proof, not merely averred.

Here the plaintiff sues for the contract price, claiming that as his damage. But such is not his damage.