Legal Opinion

Chambers & McKee Glass Co. v. Roberts

Appellate Division of the Supreme Court of the State of New York

Decided April 15, 1896PublishedCited by 2 opinions

Appeal by the plaintiff, the Chambers & McKee Glass Company, from an order of the Supreme Court-, made at the Hew York Special Term and entered in the office of the clerk of the county of Hew York on the 17th day of February, 1896, vacating and setting aside an order of attachment against the defendant’s property theretofore granted in the action.

1Opinion of the Court

Rumsey, J.:

The action was brought to recover a sum of money only, and a warrant of attachment against the property of the defendant was granted upon the sole ground that he had departed from the State of Hew York with intent to defraud his creditors. The motion to-.vacate the attachment was made by the defendant upon affidavits, under the authority of section 683 of the Code of Civil Procedure, and it Was opposed by new proof on the part of the plaintiff, by which it was made to appear that a cause of action existed against the defendant. .While, strictly speaking, the proof uponthat subject…

2Cases cited4 opinions

  1. McIntyre v. SholtyIllinois Supreme Court · 1887
  2. Levy v. BernhardAppellate Division of the Supreme Court of the State of New York · 1896
  3. Godfrey v. . GodfreyNew York Court of Appeals · 1878
  4. Kirby v. ColwellNew York Supreme Court · 1894

3Cited by2 opinions

  1. Schultz v. Brackett Bridge Co.New York Supreme Court · 1901
  2. Huyler v. RobertsAppellate Division of the Supreme Court of the State of New York · 1896

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