Scott v. Williams
New York Supreme Court
Motion to discharge an order of arrest. This action was brought to recover the price of a quantity of goods sold. An order of arrest was obtained on the ground of fraud in contracting the obligation, and also in attempting to dispose of property to defraud creditors. The defendants moved to vacate the order of arrest, upon affidavits contradicting the affidavits upon which the order of arrest was issued.
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Motion to discharge an order of arrest. This action was brought to recover the price of a quantity of goods sold. An order of arrest was obtained on the ground of fraud in contracting the obligation, and also in attempting to dispose of property to defraud creditors. The defendants moved to vacate the order of arrest, upon affidavits contradicting the affidavits upon which the order of arrest was issued. The evidence as to fraud was conflicting, whereupon a referee was appointed to take the testimony and report to the court, with his opinion thereon. Before the referee certain evidence was…
1Opinion of the CourtLeonard, J.
Where the order of arrest is founded on affidavits showing, in the first instance, that the defendant was guilty of fraud in contracting the obligation upon which the action is brought, proof of other contemporaneous frauds of a like character has a tendency to sustain the charge of fraud upon which such order of arrest was granted, and is admissible.
The proof of other contemporaneous frauds does not make out a new cause of arrest in the action, but enables the court better to decide, in the case of conflicting affidavits of the parties, to whom credence ought to be given.
It follows, then,…
2Cited by2 opinions
- Frost v. ReinachNew York Supreme Court · 1903
- Anderson v. HornCity of New York Municipal Court · 1889