Garson v. Brumberg
New York Supreme Court
Appeal from special term, Monroe county. Action by Abram H. Garson and another against Philip Brumberg. From an order denying a motion by Dewitt Kornhauser and others, junior judgment creditors of defendant, Brumberg, to vacate an attachment previously obtained by plaintiffs, said Kornhauser and others appeal.
1Opinion of the CourtHaight, J.
The motion to vacate the attachment was based on the papers upon which it is granted. The grounds recited in the attachment are that “the said defendant did, on or about the 20th July, 1893, being a natural person, and resident of this state, depart from this state with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent.” While the affidavits upon which the attachment was granted are properly subject to some criticism, still we are of the opinion that the facts stated are sufficient to authorize the issuance of the…
2Cases cited6 opinions
- Van Alstyne v. . ErwineNew York Court of Appeals · 1854
- Johnson v. BuckelNew York Supreme Court · 1892
- Dintruff v. TuthillNew York Supreme Court · 1892
- First National Bank v. Bushwick Chemical WorksNew York Supreme Court · 1889
- MacDonald v. KieferdorfNew York Court of Common Pleas · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Smith, Perkins & Co. v. WilsonNew York Supreme Court · 1894