West-Side Bank v. Meehan

It seems to be assumed by the counsel for the respondent, and he seems to be fortified in his assumption by a few precedents, that, in order to establish fraud for the purpose of the issuance of an attachment, a different rule prevails as to the weight of evidence from that which prevails in the case of an action based upon fraud. It is familiar law that, in order that an action may be maintained for fraud, the plaintiff must show affirmatively facts and circumstances necessarily tending to establish a probability of guilt; but, if the evidence is capable of an interpretation equally…