Coman v. Reese
New York Supreme Court
This was an appeal from an order made at the December special term of this court, held in Onondaga county in 1860, denying the motion of the defendant, Allen, to vacate the order of arrest as to him, with $10 costs.
Read the full summary
This was an appeal from an order made at the December special term of this court, held in Onondaga county in 1860, denying the motion of the defendant, Allen, to vacate the order of arrest as to him, with $10 costs. The order of arrest was granted by the county judge of Madison county, in October, 1860. It required the sheriff of that county to arrest the defendants and hold them to bail in the sum of $300. The ‘affidavits, on which the order was obtained, showed that the plaintiff had a cause of action against the defendants, for the price of some cattle he had sold and delivered to them.…
1Opinion of the Court
By the court, Balcom, P. J.
The defendant may be arrested, when he has been guilty of a fraud, in contracting *116the debt, or incurring the obligation for which the action is brought. (Code, § 119, sub. 4.) The question in this case is whether the defendant Allen is liable to arrest for the fraud his partner Reese, was guilty of in purchasing the cattle. ' Reese was acting in the legitimate business of the partnership when he purchased the cattle of the plaintff on credit. The cattle came to the hands of the defendants and were slaughtered by them as partners. It is, therefore, clear ¡that the…
2Cited by4 opinions
- Kavanaugh v. McIntyreNew York Supreme Court · 1911
- Levy v. AbramsohnAppellate Terms of the Supreme Court of New York · 1902
- Townsend v. NebenzahlNew York Supreme Court · 1879
- National Bank of the Commonwealth v. TempleThe Superior Court of New York City · 1870