V. G. Pfluke Co. v. Papulias
New York Supreme Court
Motion by Oscar Frormnel and another, judgment creditors, to vacate an attachment, made upon the same papers, upon which it was granted.
1Opinion of the CourtRogers, J.
The ground of the attachment, as stated in the warrant, is “that the said defendant has assigned, disposed of or secreted, or is about to assign, dispose of or secrete his property, with intent to defraud his creditors.”
There is no evidence to sustain the attachment upon the second ground, and the question is left whether the affidavits, on which the attachment was granted, make such proof of an assignment, disposal of or secreting his property, with intent to defraud creditors as gives jurisdiction.
The proof made is, in substance, that on the 23d day of October, 1901, the defendant gave to…
2Cases cited11 opinions
- Brackett v. . HarveyNew York Court of Appeals · 1883
- Edgell v. . HartNew York Court of Appeals · 1853
- Cronin v. . CrooksNew York Court of Appeals · 1894
- Casola v. . VasquezNew York Court of Appeals · 1895
- Manufacturers' National Bank v. HallNew York Supreme Court · 1891
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3Cited by3 opinions
- Gamble-Robinson Minot Co. v. MauratisNorth Dakota Supreme Court · 1927
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953
- Republic of Italy v. De AngelisCourt of Appeals for the Second Circuit · 1953