Smith v. Frank
The Superior Court of New York City
Appeal from an order made at special term, refusing to vacate an order of arrest.
1Opinion of the Court
By the Court,
Robertson, J.
This being an action on contract, the order of arrest must be sustained, if at all, under the fourth or fifth subdivisions, as it is not one of those enumerated in the second subdivision of section 179 of the Code. The agent of the defendants who made the purchase (Herbert) testified that he made the contract in question on their employ*627raenfc, and in order to induce the plaintiff to make it, represented that the defendants were good and responsible, were making purchases to fill orders from abroad, were doing a gooand safe business with some of Hennings & Gosling’s…
2Cases cited6 opinions
- Fanning v. GregoireSupreme Court of the United States · 1854
- Ford v. DouglasSupreme Court of the United States · 1847
- South Fork Canal Co. v. GordonU.S. Circuit Court for the District of California · 1868
- Ward v. WoodburnNew York Supreme Court · 1858
- Moers v. MartensNew York Supreme Court · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Liggon v. FuquaSupreme Court of Virginia · 1819
- Liggon v. FuquaSupreme Court of Virginia · 1819
- Liggon v. FuquaSupreme Court of Virginia · 1819