Wickes v. Harmon
New York Supreme Court
Motion to vacate an order of arrest. 6 This was an action against the drawer of a bill of exchange which was payable to order of a third party. The plaintiffs obtained an order for defendant’s arrest, upon affidavits alleging that the defendant, the drawer, had falsely represented that one Huse had authority from the payee to indorse the same, and*''that the plaintiffs had been thereby induced to discount the bill so indorsed by Huse.
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Motion to vacate an order of arrest. 6 This was an action against the drawer of a bill of exchange which was payable to order of a third party. The plaintiffs obtained an order for defendant’s arrest, upon affidavits alleging that the defendant, the drawer, had falsely represented that one Huse had authority from the payee to indorse the same, and*''that the plaintiffs had been thereby induced to discount the bill so indorsed by Huse. This order the defendant now moved to vacate.
1Opinion of the CourtLeonard, J.
—An order of arrest in an action on contract, may be granted upon facts entirely independent of those necessary to be stated in the complaint.
There is no inconsistency in obtaining, in such an action, an order of arrest on affidavits showing that the seller parted with his goods or his money on false and fraudulent representations made by the purchaser as to his pecuniary circumstances, while the complaint alleges only a loan of money or a sale and delivery of goods, which remain unpaid.
No order of arrest should be granted, however, in an action on contract, where the statements in the…
2Cited by1 opinion
- Engelage v. RaymondNew York Court of Common Pleas · 1892