De Weerth v. Feldner
New York Court of Common Pleas
Appeal from an order discharging an order of arrest. This action was brought by August De Weerth, Jr., against Albert Feldner, to recover the amount of a debt alleged to have been fraudulently contracted. The parties were residents of Prussia, and the debt was contracted there. An order of arrest was issued, on the ground that the defendant had been guilty of a fraud in contracting the debt for which the action was brought.
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Appeal from an order discharging an order of arrest. This action was brought by August De Weerth, Jr., against Albert Feldner, to recover the amount of a debt alleged to have been fraudulently contracted. The parties were residents of Prussia, and the debt was contracted there. An order of arrest was issued, on the ground that the defendant had been guilty of a fraud in contracting the debt for which the action was brought. The nature of the affidavit, upon which the order of arrest was issued, sufficiently appears from the opinion. The defendant moved to discharge the order of arrest on the…
1Opinion of the Court
By the Court.—Daly, F. J.
The rule upon which this court has uniformly acted in granting arrests upon information and belief is, that the sources of the information must he set out, that the judge may see whether the conclusions drawn are warranted by it or not. If the information is derived from letters or official documents in the possession of the person who makes the affidavit, or which it is in his power to procure, they should be presented with the application, or copies of them should be furnished. To adopt any other rule would be to substitute the conclusions of the person who makes…
2Cases cited2 opinions
- Whitlock v. RothNew York Supreme Court · 1850
- Campbell v. McCormickNew York Supreme Court · 1845
3Cited by4 opinions
- People v. SnaithNew York Supreme Court · 1890
- Rolker v. GonzalezAppellate Division of the Supreme Court of the State of New York · 1898
- People ex rel. Hartford Life & Annuity Ins. v. FairmanNew York Supreme Court · 1882
- Manhattan Commercial Co. v. William E. Leuchtenberg Co.City of New York Municipal Court · 1912