Empire Warehouse Co. v. Mallett
New York Supreme Court
Appeal from special term, New York county. Action by the Empire Warehouse Company, Limited, against Peter Mallett, as surviving partner of the firm of Peter Mallett & Co. From an order denying a motion to vacate an attachment, defendant appeals. Reversed.
1Per curiam
The papers on which the attachment was grant-
ed are defective, in that they fail to show assignment, disposal, or secretion of property by the defendants with the intent to defraud creditors, as required by section 636 of the Code of Civil Procedure. Every allegation relating to an alleged assignment, disposal, or secretion of their property by the defendants with intent to defraud their creditors is made upon information and belief, and the grounds of such information and belief are withheld. The cause of action alleged in the complaint is that the defendants as agents for the plaintiff,…
2Cases cited1 opinion
- German Bank of London, Ltd. v. DashNew York Supreme Court · 1880
3Cited by1 opinion
- Hunt v. RobinsonAppellate Division of the Supreme Court of the State of New York · 1900