Legal Opinion

Union Bank v. Mott

New York Supreme Court

Decided April 15, 1858Published

Order to show cause why order of arrest should not be vacated, or the amount of bail reduced. The action was brought by the Union Bank of the city of ifew York against Jacob H. Mott and Garret S. Mott, to recover alleged over-drafts in a large amount. The action was commenced by the service of a summons on the defendant Jacob, and his arrest. He was held to bail in the sum of one hundred and forty-two thousand dollars, and in default of bail was committed to jail.

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Order to show cause why order of arrest should not be vacated, or the amount of bail reduced. The action was brought by the Union Bank of the city of ifew York against Jacob H. Mott and Garret S. Mott, to recover alleged over-drafts in a large amount. The action was commenced by the service of a summons on the defendant Jacob, and his arrest. He was held to bail in the sum of one hundred and forty-two thousand dollars, and in default of bail was committed to jail. The order of arrest was founded on the affidavit of one Arthur, the plaintiffs’ cashier, which stated that the plaintiffs were a…

1Opinion of the CourtDavies, J.

The new matter presented on this motion is founded on the affidavit of the defendant, the examination before the recorder, and the rebutting affidavits on the part of the plaintiff, and the change which has taken place in the form of the summons since the original order was granted. The examination of Arthur, who made the affidavits upon which the defendant was originally arrested, shows certainly that the matters stated in that affidavit, though affirmed to. positively, were derived from others. It is necessary to state the source of information, when matters are stated to be on information;…

2Cases cited4 opinions

  1. Goodrich v. DunbarNew York Supreme Court · 1854
  2. Hawkins v. ApplebyThe Superior Court of New York City · 1849
  3. Jordan v. JordanNew York Supreme Court · 1831
  4. Welsh v. HillNew York Supreme Court · 1806

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