Lukens Iron & Steel Co. v. Payne
Appellate Division of the Supreme Court of the State of New York
Appeal by Harriet Land, a judgment creditor of the defendants, from an order of the Supreme Court, made at the Madison Special Term and entered in the office of the clerk of the county of Che-mung on the 20th day of November, 1896, denying her motion to-vacate an attachment in favor of the plaintiffs against the property of the defendants, issued and levied befpre she obtained her lien by execution upon the attached property.
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Appeal by Harriet Land, a judgment creditor of the defendants, from an order of the Supreme Court, made at the Madison Special Term and entered in the office of the clerk of the county of Che-mung on the 20th day of November, 1896, denying her motion to-vacate an attachment in favor of the plaintiffs against the property of the defendants, issued and levied befpre she obtained her lien by execution upon the attached property. The motion was made upon the papers upon which the plaintiff’s attachment was granted, and upon affidavits showing the subsequent lien of the moving creditor.
1Opinion of the Court
Landon, J.:
Upon the merits we think that the order should be affirmed. The. action was to recover a sum of money for merchandise sold and delivered, and for services rendered. The warrant of attachment, was issued upon the ground that the defendants had assigned and. *12disposed of a large part of their property with intent to defraud their creditors, and' that they were about to assign and dispose of other property owned by them with like intent. The appellant contends that the plaintiff’s affidavits fail to show the existence of such grounds. The affidavit of the plaintiff’s manager, aftér…
2Cases cited6 opinions
- Stephens v. . PerrineNew York Court of Appeals · 1894
- Ladenburg v. Commercial BankNew York Supreme Court · 1895
- Sturtevant v. BallardNew York Supreme Court · 1812
- Casola v. . VasquezNew York Court of Appeals · 1895
- Lexow v. St. Lawrence Marble Co.New York Supreme Court · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- People ex rel. New York & Queens County Railroad v. State Board of Tax CommissionersAppellate Division of the Supreme Court of the State of New York · 1900
- V. G. Pfluke Co. v. PapuliasNew York Supreme Court · 1903
- Box Board & Lining Co. v. Vincennes Paper Co.New York Supreme Court · 1904
- Chemung Canal Bank v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
- Chemung Canal Bank v. PayneAppellate Division of the Supreme Court of the State of New York · 1897
5 more not listed; retrieve them via the Exa API.