Vandeweghe v. Schwartz
Appellate Division of the Supreme Court of the State of New York
Appeal by- the plaintiffs, Aime Vandeweghe and another, from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 6th day of December, 1918, vacating an order of arrest and also vacating, canceling and discharging the bail furnished by Joseph Schwartz, the defendant arrested.
1Opinion of the Court
Smith, J.:
This action is an action which comes under subdivision 2 of section 549 of the Code of Civil Procedure, to recover for moneys received by an agent in a fiduciary capacity. Such section provides that a defendant may be arrested where the action is brought for either of the following causes, and among those causes it is stated: “ Where it is alleged in the complaint that the-money was received * * * by an * * * agent * * * or other person in a fiduciary capacity.” The defendants moved to set aside the order of arrest and the Special Term has granted the motion on the ground that such…
2Cases cited1 opinion
- A. F. Engelhardt Co. v. BenjaminAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by4 opinions
- Rubin v. Freeman Electric Construction Co.Appellate Division of the Supreme Court of the State of New York · 1959
- Slavenburg Soelling Corp. v. W. A. Assomull & Co.Appellate Division of the Supreme Court of the State of New York · 1962
- Horowitz v. HarrisNew York Supreme Court · 1927
- Rubin v. Freeman Electric Construction Co.Appellate Division of the Supreme Court of the State of New York · 1959