Pitt v. Freed
New York Supreme Court
Appeal from special term, Kings county. Action by Charles B. Pitt and others against Samuel C. Freed. From an order denying a motion to vacate an order of arrest, defendant •appeals. Reversed.
1Opinion of the CourtBarnard, P. J.
The defendant contracted a debt with the plaintiffs By fraudulent representation. The plaintiff commenced an action in the court of Pennsylvania, where defendant lived, and procured an attachment. This attachment was vacated, and the plaintiffs entered up ■a judgment as upon a contract for goods sold. No order of arrest can . be granted on the original fraud. The court of appeals held in Baxter v; Drake, 85 N. Y. 502, that a plaintiff is entitled to an order of arrest .-after judgment when the original cause of action was such as to authorize a plaintiff to an order for the arrest of the…
2Cases cited2 opinions
- Moller v. . TuskaNew York Court of Appeals · 1881
- Baxter v. . DrakeNew York Court of Appeals · 1881
3Cited by1 opinion
- Millbury v. HeitzbergNew York Supreme Court · 1898