McLoughlin v. Consumers' Brewing Co.
New York Supreme Court
•Motion in behalf of the Oneida County Bank, as the holder by virtue of certain judgments- and executions of liens.upon certain property'of the defendant subsequent to that of the attachment issued in behalf of plaintiff in the above-entitled action, to- vacate said attachment.
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•Motion in behalf of the Oneida County Bank, as the holder by virtue of certain judgments- and executions of liens.upon certain property'of the defendant subsequent to that of the attachment issued in behalf of plaintiff in the above-entitled action, to- vacate said attachment. The motion is made upon the papers upon which the warrant .was issued, and the ground relied upon is that said • papers do not sufficiently show an intent upon the part of the defendant to assign, dispose of and secrete its property with intent to.defraud its creditors, that being the ground upon which the warrant was…
1Opinion of the CourtHiscock, J.
The warrant which it is moved to vacate was .granted upon the ground that defendant intended to assign, dispose of and secrete its property with intent to defraud its creditors. It is not shown in, or even claimed from, the affidavits upon which the warrant was granted that the defendant had consummated or even entered upon the performance of any fraudulent act, hut the sole *145claim made against it is of an intent of fraudulent disposition in the future.
Proof of this intent is sought to be made from the declarations of one Hart, who, at the time thereof, was the president and general manager of…
2Cases cited2 opinions
- Casola v. . VasquezNew York Court of Appeals · 1895
- Atlas Furniture Co. v. FreemanNew York Supreme Court · 1893
3Cited by2 opinions
- Tate v. CanonicaCalifornia Court of Appeal · 1960
- Nolan v. Louis Workman Co.New York Supreme Court · 1932