Price v. Levy
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, David Levy and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 26th day of February, 1904, denying the defendants’ motion to . set aside an order of arrest theretofore granted in the action.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages upon a sale-of goods, wares and merchandise,, which sale was alleged to have been induced by false and fraudulent- statements of the defendants as' to their financial responsibility.
Upon the verified complaint and affidavits an order of arrest was granted, which the defendants, upon the same papers, moved to have- vacated. Their motion was denied, and they have appealed.
The papers upon which the order was granted, so far as such alleged false and fraudulent statement is concerned, were to the effect that the defendants, for the purpose…
2Cases cited2 opinions
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Einstein v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1897
3Cited by2 opinions
- Wheaton v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1904
- Philip Becker & Co. v. BevinsNew York Supreme Court · 1906