Frost v. Willard
New York Supreme Court
Trover, for a quantity of barrels, tried at the Essex county circuit in January, 1848, before Justice Paige. On the trial; George H. Blinn was called as a witness on the part of the plaintiffs, and testified that he lived at Port Henry and knew the plaintiffs, who lived in Bridport, Vt., and were merchants; the defendant lived in Port Henry; that he knew Bartholomew Foley, who lived at Port Henry.
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Trover, for a quantity of barrels, tried at the Essex county circuit in January, 1848, before Justice Paige. On the trial; George H. Blinn was called as a witness on the part of the plaintiffs, and testified that he lived at Port Henry and knew the plaintiffs, who lived in Bridport, Vt., and were merchants; the defendant lived in Port Henry; that he knew Bartholomew Foley, who lived at Port Henry. The plaintiffs’ counsel then introduced in evidence the blotter of their store, or original book of entry, on which was a charge against Foley of $2,85, under date of Nov. 27,1845, for goods that…
1Opinion of the Court
By the Court, Cady, J.
The first inquiry is, was the affidavit sufficient to warrant the attachment ? It is stated. in the affidavit “ that the application for an attachment against the property of the said Bartholomew Foley which accompanies this affidavit, is made on the ground, that the said Bartholomew Foley has assigned or secreted his property with intent to defraud his creditors’’ This is according to the words of the statute, *446but it is not to be supposed that the deponent intended to swear to a fact within his knowledge, that Bartholomew Foley had assigned or secreted his property,…
2Cases cited1 opinion
- Ex parte RobinsonNew York Supreme Court · 1840
3Cited by7 opinions
- Roth v. . WellsNew York Court of Appeals · 1864
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- Hinds v. FagebankSupreme Court of Minnesota · 1864
- Diad v. ShibleyNew York Supreme Court · 1906
- Brush v. BattenNew York Supreme Court · 1888
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