Cronin v. . Crooks
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 13, 1894, which affirmed an order of Special Term vacating a warrant of attachment. The facts, so far as material, are stated in the opinion. The order of affirmance of the General Term is appealable.
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Appeal from order of the General Term of the Supreme Court in the third judicial department, made February 13, 1894, which affirmed an order of Special Term vacating a warrant of attachment. The facts, so far as material, are stated in the opinion. The order of affirmance of the General Term is appealable. (Birge v. B. B. Co., 133 N. Y. 477; Anderson v. Anderson, 112 id. 104; Harbler v. Bernharth, 115 id. 459 ; Dintruff v. Tuthill, 62 Hun, 594 ; Johnson v. Buckel, 65 id. 602; Hale v. Prote, 75 id. 13.). The learned General Terms in their construction of section 641 of the Code of Civil…
1Opinion of the CourtGray, J.
The warrant of attachment, which was granted in this action, was based upon an affidavit which set forth a certain disposition made by the defendant of her property; which deponent alleged to have been fraudulent, and whereby she had assigned and disposed of her property with intent to defraud her creditors and to hinder etc. the plaintiff in. the collection of his demand against her. Without considering the sufficiency, of the affidavit, we think it very clear that the warrant was defective. The warrant recited that the defendant “ has assigned and disposed of, or is about to assign or…
2Cases cited1 opinion
- Johnson v. BuckelNew York Supreme Court · 1892
3Cited by21 opinions
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- Stewart v. LymanAppellate Division of the Supreme Court of the State of New York · 1901
- New Jersey Steel & Iron Co. v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1903
- Stone v. PrattNew York Supreme Court · 1895
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