Bassett v. Pitts
New York Supreme Court
Appeal by: tlie plaintiffs frofn an order of" the "New York Special Term, vacating,an order of arrest. The amended complaint, in this action, set out a salé of certain gbods,' wares and merchandise to the defendant; • that the salé of a portion of'them wás procured through the false and‘fraudulent représentátióii of" the defendant, and'alleged, that’since the contracting of "the debts tíre defendant has disposed* of'-his propéffiy wiíh" intent tó' ¿¿fraud ’ his creditbss. '…
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Appeal by: tlie plaintiffs frofn an order of" the "New York Special Term, vacating,an order of arrest. The amended complaint, in this action, set out a salé of certain gbods,' wares and merchandise to the defendant; • that the salé of a portion of'them wás procured through the false and‘fraudulent représentátióii of" the defendant, and'alleged, that’since the contracting of "the debts tíre defendant has disposed* of'-his propéffiy wiíh" intent tó' ¿¿fraud ’ his creditbss. ' Upon the complaint and affidavits, an order of arrest was granted, which was vacated at the Special Term.
1Opinion of the Court
Ingalls, P. J.:
The order of arrest was granted upon the ground that the defendant had disposed of his property with intent to defraud his creditors. The plaintiffs, in the papers upon which they applied for the order of arrest, stated certain representations made by the defendant in regard to his pecuniary responsibility, which they allege were false; yet that was not the ground upon which the order was granted, as appears by the order itself. This becomes material, in considering the ground upon which the learned judge decided the motion at Special Term, and which is relied upon by the…
2Cases cited2 opinions
- Smith v. . KnappNew York Court of Appeals · 1864
- Bowen v. . TrueNew York Court of Appeals · 1873