Garbutt v. Hanff
New York Supreme Court
Appeal from an order setting aside an attachment. This action'was brought by Elmer H. Garbutt, William H. Black, and Mortimer Hendricks, against Isidor Hanff and Adolph Aroni, to recover $217.83, the price of certain groceries' sold to defendants. The plaintiffs obtained a warrant of attachment, as a provisional remedy under the Code, on the ground that defendants were about to dispose of their property with intent to defraud creditors.
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Appeal from an order setting aside an attachment. This action'was brought by Elmer H. Garbutt, William H. Black, and Mortimer Hendricks, against Isidor Hanff and Adolph Aroni, to recover $217.83, the price of certain groceries' sold to defendants. The plaintiffs obtained a warrant of attachment, as a provisional remedy under the Code, on the ground that defendants were about to dispose of their property with intent to defraud creditors. The warrant was issued May 8 th, 1862. On the 10th of May, 1862, the defendants gave an undertaking, pursuant to section 241 of the Code, and the attachment…
1Opinion of the Court
By the Court.*—Clerke, J.
I. The objection that the defendants were too late with their motion, is not tenable. Section 241 of the Code, allowing a defendant to give an undertaking for the return of the property attached, does not, even in its original form, contain any thing to preclude him from the right to move to set aside the attachment, and,, as amended, it expressly says that, “in all cases, the defendant may move to discharge the attachment.”
II. As to the merits, so far as the facts are involved, we see no reason why we should disturb the conclusions of the judge at special term from…
2Cited by5 opinions
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- Fox v. MackenzieNorth Dakota Supreme Court · 1890
- Shapiro v. Loft, Inc.New York Supreme Court · 1931
- Fried v. Continental Casualty Co.City of New York Municipal Court · 1935
- Swezey v. BartlettNew York Supreme Court · 1868