Holland Coffee Co. v. Johnson

Motion to vacate order of arrest. Plaintiff sets np two causes of action. In the first cause of action plaintiff alleges that the defendant as its salesman collected the amounts due on certain bills of goods from several customers, which he failed to pay over to plaintiff. One of the accounts was alleged to have been collected from one Morris, whose affidavit is not annexed, and no reason is stated why direct proof of the payment of the account by Morris to the defendant is not furnished. This omission is fatal to the maintenance of the order of arrest. Martin v. Gross, 22 N. Y. St. Repr.…