Legal Opinion
Birchell v. Straus
New York Supreme Court
Decided December 15, 1858PublishedCited by 1 opinion
Appeal from an order at special term denying a motion to vacate order of arrest. The facts are stated in the opinion.
1Opinion of the CourtDavies, P. J.
The defendants were arrested upon an order made by Justice Sutherland, dated July 2, 1858. The order was granted upon two affidavits—one of the plaintiffs, and the other by his attorney.
The affidavit of the plaintiff states that in July, 1857, he sold goods to the defendants, upon the faith of representations made by Abraham Emanuel, one of the defendants, to the effect that the firm of the defendants was responsible, and engaged in a flourishing and profitable business; and he swears that he sold the goods to the defendants “ solely upon the faith of said representations.”
He then proceeds to…
2Cases cited2 opinions
- Moir v. BrownNew York Supreme Court · 1852
- Spies v. JoelThe Superior Court of New York City · 1853
3Cited by1 opinion
- Eichenberg v. MarcySupreme Court of Rhode Island · 1893