Dreyfus v. Otis

On argument of the motion the following memorandum was filed December 10, 1877:

Lawrence, J.

If Otis was not a partner of Lagrave, the plaintiff has no cause of action against him. The allegation that the defendants were partners is made by the plaintiffs on information and belief, and the sources of such information and belief are not stated.

The subsequent allegations on which the order of arrest is founded are, that the defendants, through Lagrave, committed *406the fraudulent acts complained of. It has always been held that an affidavit for obtaining an arrest is defective in stating the…