Knight v. Abell
New York Supreme Court
Appeal from spécial term, Hew York county; Donohue, Justice. Action by Jacob Knight, Arthur M. Garlock, and Joseph H. Knight against John H. Abell. An order of arrest was vacated, and plaintiffs appeal.
1Opinion of the CourtBartlett, J.
This order of arrest was granted in an action upon a contract for the purchase and. sale of eggs and butter, where it was alleged in the complaint that the defendant was guilty of fraud,in contracting or incurring the liability. Code Civil Proc. § 549, subd. 4. The complaint set out only one cause of action. Pour separate sales were specified: one on July 13, one on July 18, and two on August 2, 1887. There was enough in the papers to-*289warrant a finding of fraud as to the sales made on the 2d of August, but not sufficient to warrant such a finding as to the prior sales. In Easton v. Cassidy,…
2Cited by2 opinions
- Martin v. GrossThe Superior Court of the City of New York and Buffalo · 1889
- Crandall v. JacobAppellate Division of the Supreme Court of the State of New York · 1897