Stewart v. Lyman
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Grant Lyman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of April, 1901, denying said defendant’s motion to vacate a warrant of attachment issued against his property.
Read the full summary
Appeal by the defendant, John Grant Lyman, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 11th day of April, 1901, denying said defendant’s motion to vacate a warrant of attachment issued against his property. The verified complaint herein, which is dated February 16, 1901, states two causes of action: First, to recover the sum of $1,550, which the plaintiff alleges that he paid the defendants for shares of stock of the International Zinc Company, relying upon their false and fraudulent…
1Opinion of the Court
O’Brien, J.:
Among the other grounds it is contended upon this appeal that the complaint does not show sufficient facts to constitute the cause of action set forth in the warrant, i. e., injury to personal property in consequence of fraud; that the papers on attachment failed to disclose any intent on the part of the defendant Lyman, to defraud his creditors; and that the warrant itself does not comply with the provisions of section 641 of the Code of Civil Procedure, in that it does not recite any grounds for the attachment.
In support of the first contention, it is pointed out that the…
2Cases cited3 opinions
- Cronin v. . CrooksNew York Court of Appeals · 1894
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- Globe Yarn Mills v. BilbroughNew York Court of Common Pleas · 1892
3Cited by17 opinions
- Marine Midland Bank v. MurkoffAppellate Division of the Supreme Court of the State of New York · 1986
- In re HarperDistrict Court, N.D. New York · 1910
- Yann Geron, Chapter 7 Tr., Direct Access Partners, LLC v. Craig (In re Direct Access Partners, LLC)United States Bankruptcy Court, S.D. New York · 2019
- Bank Leumi Trust Co. of New York v. Istim, Inc.District Court, S.D. New York · 1995
- United Parcel Service, Inc. v. Jay Norris Corp.New York Supreme Court · 1979
12 more not listed; retrieve them via the Exa API.