Chapin v. . Foster
New York Court of Appeals
Appeal from a portion of an order of the General Term of the Supreme Court in the third judicial department made November 20, 1883, which reversed with costs an order of the Special Term denying a motion to vacate or set aside an execution against the person of defendant, and granted the motion with costs of motion “ upon the defendant stipulating not to sue 'for false imprisonment on account of his arrest or imprisonment under said execution.”
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Appeal from a portion of an order of the General Term of the Supreme Court in the third judicial department made November 20, 1883, which reversed with costs an order of the Special Term denying a motion to vacate or set aside an execution against the person of defendant, and granted the motion with costs of motion “ upon the defendant stipulating not to sue 'for false imprisonment on account of his arrest or imprisonment under said execution.” Tiie appeal was from that portion of the order imposing the condition. The complaint alleged in substance that plaintiff in October, 1875, had in his…
1Opinion of the Court
Rapaxlo, J..
This case comes within the decision in Segeiken v. Meyer (94 N. Y. 473). The action was not one of those specified in section 549 of the Code of Civil Procedure, but was ex contractu for neglecting and refusing to pay a debt due to the plaintiff out of the proceeds of property which had been placed in the hands of the defendant to be by him H ’d for the purpose of paying certain debts, among which was that due the plaintiff. Ho order of arrest having been issued in the action, the judgment therein did not authorize an execution against the person. The execution against the person…
2Cases cited2 opinions
- Segelken v. . MeyerNew York Court of Appeals · 1884
- In Re the Application for an Attachment Against BradnerNew York Court of Appeals · 1881
3Cited by3 opinions
- Moe v. Thomas McNally Co.Appellate Division of the Supreme Court of the State of New York · 1910
- Lawrence v. Metropolitan Elevated Railway Co.New York Court of Common Pleas · 1891
- Canary v. KnowlesNew York Supreme Court · 1886