Jaeger v. Arnstein
New York Court of Common Pleas
Appeal from order of the city court, general term, deny-' ing a motion to vacate a warrant of attachment for insufficiency of the papers on which it was granted.
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Appeal from order of the city court, general term, deny-' ing a motion to vacate a warrant of attachment for insufficiency of the papers on which it was granted. The complaint and affidavits alleged that respondents were wholesale dealers in upholstery goods; that appellants did business under the name of the Eagle Parlor Furniture Company, and that from October 1st to December 2d, 1885, they sold them goods amounting to $936.26, on account of which $85.19 was paid November 30, 1885, leaving $851.07 due. In January, 1885, five yards of spun silk, value $5.50, was bought; in February, nothing;…
1Opinion of the Court
Opinion, General Term op the City Court.
Hall J.
The affidavits presented in this matter, unexplained, make out a very strong case against defendants of purchasing a large and unusual stock of goods on the eve *623of failure, and would unquestionably sustain an order of arrest, and I am of the opinion that the plaintiffs make out a sufficient prima facie case of fraudulent disposition of their property to justify the issuing of an attachment.
The defendants had only one place of business, and a small one. They bought extraordinary amounts of goods immediately before their failure, and after the busy…
2Cases cited7 opinions
- Shultz v. . HoaglandNew York Court of Appeals · 1881
- Hennequin v. . NaylorNew York Court of Appeals · 1861
- Larson v. WymanNew York Supreme Court · 1835
- Stewart v. BrownNew York Supreme Court · 1853
- Friend v. MichaelisCity of New York Municipal Court · 1885
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