Mann v. Chrestopulos
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Speros C. Chrestopulos, from an order of the Supreme Court, made at the Oneida Special Term and entered in the office of the clerk of the county of Oneida on the 6th day of April, 1903, denying the defendant’s motion to vacate an order of arrest theretofore made in the action.
1Opinion of the Court
Spring, J.:
The plaintiff claims to be a creditor of the defendant and has procured his arrest pursuant to an order therefor, on the ground that the defendant has disposed of his property, consisting of merchandise, with intent to defraud his creditors. (Code Civ. Proc. § 549, subd. 4.)
The particular act constituting the alleged fraudulent conduct is that the defendant sold to one Limbres, in September, 1902, his entire stock of merchandise in bulk and that no notice was given to the creditors of the seller of the proposed sale and of the cost and selling price of the merchandise so to be…
2Cases cited2 opinions
- Hoyt v. . GodfreyNew York Court of Appeals · 1882
- Harrisburg Pipe Bending Co. v. WelshAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Ellis v. CohenAppellate Terms of the Supreme Court of New York · 1940