Bodine v. Bodine
Appellate Terms of the Supreme Court of New York
Appeal from an order of the Municipal Court of the city of Hew York, borough of Manhattan, fourth district, denying tEe defendant’s motion to vacate a warrant of attachment.
1Opinion of the CourtPage, J.
The attachment was obtained pursuant to the Municipal Oourt Act, section 74, subdivision 2, which recites for a ground for attachment “ if the defendant is a natural person and a resident of the state, that he has departed, or is about to depart from the county where he last resided, to a place ■ outside the city of Mew-York, with intent to defraud his creditors * * The affidavits in support of the warrant must state facts from which the fraudulent intent may be presumed and the mere conclusion of the moving party unsupported by evidence is insufficient. Rallings v. McDonald, 76 App. Div.…
2Cases cited4 opinions
- Hanover National Bank v. StebbinsNew York Supreme Court · 1893
- Doheny v. WordenAppellate Division of the Supreme Court of the State of New York · 1902
- F. A. Ringler Co. v. NewmanNew York Supreme Court · 1901
- Rallings v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Bonwit Teller, Inc. v. MorrisNew York Supreme Court · 1952