Hanson v. Langan
City of New York Municipal Court
Appeal from special term. Action by Henry Hanson and another against Patrick J. Langan and another. Defendants appeal from order denying their motion to vacate an order of arrest. Code Civil Proe. H. Y. § 549, subd. 4, provides that a defendant may be arrested “in an action upon contract, express or implied, * * * where it is alleged in the complaint that the defendant was guilty of a fraud in contracting or incurring the liability. ”
1Opinion of the CourtMcAdam, C. J.
Section 549, subd. 4, Code, in requiring the fraud for which an order of arrest is applied for to be alleged in the complaint, makes the fraud a substantial part of the cause of action. It is as essential and material as the existence of the debt, and should be pleaded with the same particularity. A general allegation of fraud, without setting out the facts showing the existence of the fraud, is bad. It presents no fact upon which issue can be taken. McMurray v. Gifford, 5 How. Pr. 14; Barber v. Morgan, 51 Barb. 116. Thus the words “duly,” “lawfully,” etc., without a statement of the special…
2Cases cited8 opinions
- Hawley v. BatesNew York Supreme Court · 1839
- Barber v. MorganNew York Supreme Court · 1867
- McMurray & Thomas v. GiffordNew York Supreme Court · 1850
- Thompson v. BestNew York Supreme Court · 1889
- Valentine v. RichardtNew York Supreme Court · 1889
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3Cited by2 opinions
- Hazelton-Moffit Special School District No. 6 v. WardNorth Dakota Supreme Court · 1961
- Flatow v. Von BremsenCity of New York Municipal Court · 1890