Legal Opinion

Bank of Lansingburgh v. McKie

New York Supreme Court

Decided December 15, 1852PublishedCited by 2 opinions

Motion to vacate attachment. On the 25th of September 1852, the plaintiffs made application to the honorable Charles C. Parmelee, county judge of Rensselaer, for an attachment against the property of the defendant, on the ground that he had departed from this state, with intent to defraud his creditors.

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Motion to vacate attachment. On the 25th of September 1852, the plaintiffs made application to the honorable Charles C. Parmelee, county judge of Rensselaer, for an attachment against the property of the defendant, on the ground that he had departed from this state, with intent to defraud his creditors. The application was founded upon an affidavit of the cashier of the plaintiffs, stating, in substance that the defendant was indebted to the plaintiffs in the sum of $15,000, which had become due in August, and for the collection of which an action had been commenced and process personally…

1Opinion of the Court

Harris, Justice.

The facts stated in the affidavit presented to the county judge, upon the application of the plaintiffs, were undoubtedly sufficient to justify him in issuing the attachment. If, as the plaintiffs allege, the story of the defendant’s robbery is a fabrication, there can be no doubt that the defendant left the state with intent to defraud his creditors. Assuming the plaintiff’s theory, in respect to the alleged loss of the money to be true, it follows, that the defendant went to Cleveland, the more effectually to consummate the fraud he meditated. The circumstances set forth in…

2Cases cited1 opinion

  1. Morgan v. AveryNew York Supreme Court · 1850

3Cited by2 opinions

  1. Place v. Butternuts Woolen & Cotton Manufacturing Co.New York Supreme Court · 1857
  2. Place v. Butternuts Woolen & Cotton Manufacturing Co.New York Supreme Court · 1857

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