Legal Opinion

Haulenbeck v. Coenen

City of New York Municipal Court

Decided December 24, 1890PublishedCited by 1 opinion

Appeal from special term. Action by John W. Haulenbeck and others against Gerhard Coenen and others in which an attachment was issued against the property of defendants, who now appeal from an order denying their motion to vacate such attachment.

1Per curiam

The attachment is founded on subdivision 5 of section 3169 of the Code, which permits of that remedy “ where the defendant has removed, or is about to remove, property from that city [New York] with intent to defraud his creditors, or that he has assigned, disposed of, or secreted, or is about to assign, dispose of, or secrete, property with the like intent. ” The affidavit shows that one of the defendants (which, does not appear) said the defendants could not pay anything, that they thought they would have to turn over their business to a friend down town, and all creditors would get left;…

2Cases cited2 opinions

  1. Stringfield v. FieldsNew York Court of Common Pleas · 1885
  2. Skiff v. StewartNew York Supreme Court · 1866

3Cited by1 opinion

  1. Atlas Furniture Co. v. FreemanNew York Supreme Court · 1893

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