Nat. Park Bk. of N.Y. v. . Whitmore
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department made June 1, 18S6, which reversed an order of Special Term vacating an attachment issued herein. (Reported below, 40 Hun, 499.) The material facts are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the first judicial department made June 1, 18S6, which reversed an order of Special Term vacating an attachment issued herein. (Reported below, 40 Hun, 499.) The material facts are stated in the opinion. The agreement by the defendants to prefer the Whiting Paper Company was lawful, and did not justify an attachment, on the ground that it furnished evidence that they were about to assign and dispose of their property with intent to defraud their creditors. (Code Civ. Proc. § 636; Bk. of Leavenworth v. Hunt, 11 Wall. 391; Jordan v.…
1Opinion of the CourtEarl, J.
This attachment was granted on the 31st day of December, 1885, on the ground that the defendants were about to assign their property with intent to defraud the plaintiff and their other creditors. On the 2d day of January thereafter, the defendants executed to William Whiting, of Holyoke, Mass., a general assignment for the benefit of their creditors, in which they preferred him for upwards of $23,000. Upon motion made by the defendants at Special Term, the attachment was vacated, as appears by the opinion there pronounced, upon the ground that the affidavits upon which the attachment was…
2Cases cited5 opinions
- Forbes v. HoweMassachusetts Supreme Judicial Court · 1869
- Haydock v. . CoopeNew York Court of Appeals · 1873
- Smith v. CraftU.S. Circuit Court for the District of Indiana · 1882
- Anderson v. LachsMississippi Supreme Court · 1881
- Spaulding v. . StrangNew York Court of Appeals · 1867
3Cited by12 opinions
- Smith v. CraftSupreme Court of the United States · 1887
- Foster v. McAlesterCourt of Appeals for the Eighth Circuit · 1902
- Teitig v. Boesman Bros.Montana Supreme Court · 1892
- Hanks v. AndrewsSupreme Court of Arkansas · 1890
- Smith v. MunroeAppellate Division of the Supreme Court of the State of New York · 1896
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