Legal Opinion

Colver v. Van Valen

New York Supreme Court

Decided May 15, 1851PublishedCited by 1 opinion

An- attachment was issued in a justice’s court and a judgment was rendered against the defendant of about twenty-five dollars, damages and costs, on the 10th December, 1847, which was reversed by the county judge of Cortland county, on the ground of the insufficiency of the affidavit.

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An- attachment was issued in a justice’s court and a judgment was rendered against the defendant of about twenty-five dollars, damages and costs, on the 10th December, 1847, which was reversed by the county judge of Cortland county, on the ground of the insufficiency of the affidavit. The affidavit of the plaintiff, after stating that he had a demand arising on contract of twenty dollars, &c. proceeds to say, “ that the application is made on the ground that the defendant has departed the county with intent to defraud his creditors; and further, that the said James Van Valen has failed in…

1Opinion of the Court

By the Court, Monson, Justice.

I think this affidavit is not sufficient according to the dec.isons in 4 Benio, 120, and 1 Barb. Sup. Court, 554. The plaintiff should have added his belief that the acts set forth in the affidavit were done by defendant with intent to defraud his creditors. Belief of fraudulent intent, standing alone, is not sufficient. But I think the requisite facts and circumstances are here stated, had the plaintiff’s belief been superadded.

But there was an affidavit of George Colver, upon an application by him for an attachment against the same defendant, before the justice…

2Cases cited2 opinions

  1. Baldwin v. CalkinsNew York Supreme Court · 1833
  2. Schermerhorn v. NobleCourt for the Trial of Impeachments and Correction of Errors · 1845

3Cited by1 opinion

  1. Hallock v. Van CampNew York Supreme Court · 1889

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