Wilson v. Britton
New York Supreme Court
4PPEAL from an order made at a special term, denying a . motion to vacate an attachment. The affidavit’of the plaintiff Wilson, upon which the attachment was granted, stated the indebtedness of the defendant to him, upon several promissory notes, and for goods sold and delivered; and alleged that on the 19th of December, 1857, the deponent called upon the defendant, at the city of New York, for payment ; that the defendant said he would not pay the same; that he wished to…
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4PPEAL from an order made at a special term, denying a . motion to vacate an attachment. The affidavit’of the plaintiff Wilson, upon which the attachment was granted, stated the indebtedness of the defendant to him, upon several promissory notes, and for goods sold and delivered; and alleged that on the 19th of December, 1857, the deponent called upon the defendant, at the city of New York, for payment ; that the defendant said he would not pay the same; that he wished to make a compromise with his creditors at 33^ per cent on the dollar, with the exception of confidential debts, and that if…
1Opinion of the Court
By the Court, Clerks, J.
I do not find, even in the affidavit presented on behalf of the plaintiffs, any thing to convince me that the defendant, in his conversation with the plaintiffs, on the occasion referred to in the plaintiffs’ first affidavit, intimated any thing more than that he intended to make an assignment. If his declaration admits of this construction, merely, why should we infer that he intefided fraud. This would be contrary to the benign principle that we are not to presume wrong until wrong is plainly indicated. Of course we are not obliged to confine our interpretation to…
2Cited by3 opinions
- Dickinson v. BenhamNew York Supreme Court · 1860
- Gasherie v. AppleThe Superior Court of New York City · 1861
- Anthony v. StypeNew York Supreme Court · 1879