Bicknell v. Speir
New York Court of Common Pleas
Appeal from city court, general term. Action by Henry G. Bicknell against the Vertical Tube Boiler Company for money loaned. Defendant appeals from an order of the general term of the fcity court, affirming an order of that court denying a motion to vacate an attachment.
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Appeal from city court, general term. Action by Henry G. Bicknell against the Vertical Tube Boiler Company for money loaned. Defendant appeals from an order of the general term of the fcity court, affirming an order of that court denying a motion to vacate an attachment. The action was originally commenced against the Vertical Tube Boiler Company, a domestic corporation, to recover $1,500, and interest from November, 1890, money loaned to the company by the plaintiff’s assignor, Clinton E. Jackson, who was then the manager of the company. Upon the affidavit of the plaintiff and George E.…
1Opinion of the CourtDaly, C. J.
Upon an appeal from an order of the general term of the city court denying a motion to vacate an attachment, we are limited to the inquiry whether there is an entire absence of facts justifying the issuing of the warrant. If the decision of the court below is dependent upon inferences to be drawn from the facts stated, we cannot disturb it. Stringfield v. Fields, 13 Daly, 171; Allen v. Meyer, 73 N. Y. 1. The attachment here was granted on the ground that the Vertical Tube Boiler Company had disposed of its property with intent to defraud its creditors. That the company had actually conveyed…
2Cases cited5 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Throop v. Hatch Lithographic Co.New York Court of Appeals · 1891
- Allen v. . MeyerNew York Court of Appeals · 1878
- Stringfield v. FieldsNew York Court of Common Pleas · 1885
- National Broadway Bank v. Wessell Metal Co.New York Supreme Court · 1891