Morris v. . Talcott
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 30, 1883, which affirmed an order denying a motion to vacate an order of arrest granted herein.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, made March 30, 1883, which affirmed an order denying a motion to vacate an order of arrest granted herein. (Reported below, 29 Hun, 426.) This action was brought to recover for goods which the complaint alleged were sold and delivered to defendant by plaintiff “ between the 5th day of September, 1882, and the 10th day of December, 1882.” The complaint also alleged that, to induce plaintiffs to give the credit, defendant, in April, 1882, represented that he was solvent and worthy to be trusted; that…
1Opinion of the Court
Huger, Ch. J.
Upon an appeal from an order denying a motion to vacate an order of arrest, obtained upon the theory of a fraudulent contraction of the debt, this court will not review the order when the facts and circumstances proved, or the legitimate inference deducible from such facts, furnished some evidence tending to establish the existence of a fraudulent intent on the part of the defendant in the creation of the debt. (Wright v. Brown, 67 N. Y. 1.)
But when there is no evidence legitimately tending to establish such a conclusion, and the natural inferences to be drawn from the facts…
2Cases cited5 opinions
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Jackson ex. rel. Cadwell v. KingNew York Supreme Court · 1825
- Wright v. . BrownNew York Court of Appeals · 1876
- Henry v. HenryNew York Supreme Court · 1850
3Cited by90 opinions
- Lopez v. . CampbellNew York Court of Appeals · 1900
- Shotwell v. . DixonNew York Court of Appeals · 1900
- In re B. & R. Glove Corp.Court of Appeals for the Second Circuit · 1922
- MacUllar v. . McKinleyNew York Court of Appeals · 1885
- Metropolitan Casualty Insurance v. N. B. Lesher, Inc.Oregon Supreme Court · 1935
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