Duncan v. Katen ex rel. Shaw
New York Supreme Court
Appeal from an order of tbe Special Term, denying a motion to vacate an order of arrest. The defendant was arrested on a charge of wrongfully converting to her own use $20,000 in gold certificates, the property of the plaintiffs.
Read the full summary
Appeal from an order of tbe Special Term, denying a motion to vacate an order of arrest. The defendant was arrested on a charge of wrongfully converting to her own use $20,000 in gold certificates, the property of the plaintiffs. The affidavit of one Leslie showed that, while a clerk in the employ of the plaintiff, he, at the instigation of the defendant, wrongfully took the gold certificates from his employers and gave the same to the defendant, who had converted and concealed the same.
1Opinion of the Court
Davis, P. J.:
On decision at Special Term, the court gave the following-opinion :
“ Barrett, J. The defendant seeks to vacate the order of arrest upon these grounds : first, upon the merits; second, that she is a married woman; third, that she is a female, and as such not liable to arrest, except for a'wilful injury to property.
As to the first, it is only necessary to say that the plaintiffs have made out aprima facie case, and that the court, under well settled rules, will not try the merits upon affidavits. As to the second, it is by no means certain that the defendant is a married woman, and…
2Cases cited3 opinions
- Solomon v. WaasNew York Court of Common Pleas · 1858
- Northern Railway Co. of France v. CarpentierNew York Supreme Court · 1856
- Tracy v. LelandThe Superior Court of New York City · 1850