Ross v. Wigg
New York Supreme Court
Appeal from an order of Justice Churchill made at chambers, •denying a motion to vacate an order of arrest and a warrant of .attachment. On the 18th of December, 1882, the plaintiff resided at Quebec, Canada, and had for a long time carried on business under the name of “ Ross & Oo.,” without having any partner. For six years prior to that date he had been engaged in the lumber business at Oswego, N. Y., under said firm name, having no partner therein.
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Appeal from an order of Justice Churchill made at chambers, •denying a motion to vacate an order of arrest and a warrant of .attachment. On the 18th of December, 1882, the plaintiff resided at Quebec, Canada, and had for a long time carried on business under the name of “ Ross & Oo.,” without having any partner. For six years prior to that date he had been engaged in the lumber business at Oswego, N. Y., under said firm name, having no partner therein. On that day, at Quebec, Canada, by a written agreement then and there dated, he, in the name of “ Ross & Oo.,” sold said lumber business…
1Opinion of the Court
Vann, J.:
As the motion to vacate was founded only on the original papers, the statements contained therein are, for the purposes of this appeal, to be regarded as true, and, if they establish a prima; facie case against the defendant, he should be required to satisfactorily answer or explain them before asking that important remedies for the temporary security of the plaintiff should be set aside.
It does not appear that any of the several contracts set forth in the complaint was entered into in violation of the usury laws of this State or of the statute prohibiting persons from transacting…
2Cases cited11 opinions
- Lorillard v. . ClydeNew York Court of Appeals · 1881
- Cutler v. . WrightNew York Court of Appeals · 1860
- Thompson v. KetchamNew York Supreme Court · 1811
- Wood v. . Erie Railway CompanyNew York Court of Appeals · 1878
- Jackson ex dem. Merritt v. GumaerNew York Supreme Court · 1824
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