German Bank v. . Edwards
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term denying a motion to set aside an order of arrest. This action was brought to recover the amount of five time drafts, drawn by the firm of Edwards & Buckland upon defendants, and discounted by plaintiff.
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Appeal from order of the General Term of the Supreme Court in the fourth judicial department, affirming an order of Special Term denying a motion to set aside an order of arrest. This action was brought to recover the amount of five time drafts, drawn by the firm of Edwards & Buckland upon defendants, and discounted by plaintiff. Annexed to each draft was á carrier’s receipt, properly indorsed, for a quantity of cheese consigned by Edwards & Buckland to defendants, at New York. Each draft was forwarded by plaintiff for acceptance, with accompanying receipt, and a letter directed to…
1Opinion of the CourtAllen, J.
A defendant may be arrested in the several actions and cases mentioned in section 179 of the Code, and included in the list are actions “ for money received, or property embezzled or fraudulently misapplied, * * * by any factor, agent, broker or other person in a fiduciary capacity.” If the defendants were merely the factors, agents or brokers of the plaintiff, and occupied no other relation to it or the property, and had no other rights, and were under no other obligations than such as would result from that rela tion, no doubt could exist and no question would have been made as to their…
2Cases cited2 opinions
- White & Williams v. PlattNew York Supreme Court · 1848
- Cayuga County National Bank v. DanielsNew York Court of Appeals · 1872
3Cited by6 opinions
- McMullen v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1895
- Merrill v. ThomasNew York Court of Common Pleas · 1878
- Smith v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1904
- Springville Manufacturing Co. v. LincolnNew York Court of Common Pleas · 1890
- Moore v. HillabrandNew York Supreme Court · 1885
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