German Bank v. Meyer
New York Supreme Court
Appeal from special term, Erie county. Action by the German Bank against Joseph 0. Meyer, to recover a debt and to attach property. An attachment was issued and vacated, and plaintiff appeals.
1Opinion of the CourtMacomber, J.
The warrant of attachment in this ease was issued at the
instance of the plaintiff, upon the alleged ground that the defendant had assigned, disposed of, or secreted property with the intent to defraud the plaintiff, within the meaning of the last clause of subdivision 2, § 636, of the Code of Civil Procedure. The motion made at special term in behalf of the defendant was upon affirmative affidavits, as well as upon a claim that the affidavits upon which the writ was granted were insufficient to sustain the original order. The learned judge at special term in his opinion says that he…
2Cases cited5 opinions
- Ely v. . CarnleyNew York Court of Appeals · 1859
- Leitch v. . HollisterNew York Court of Appeals · 1850
- Smith v. . BeattieNew York Court of Appeals · 1865
- Farm. Mech's' Nat'l B'k of Buffalo v. . LangNew York Court of Appeals · 1881
- German Bank of London, Ltd. v. DashNew York Supreme Court · 1880