National Broadway Bank v. Barker
New York Supreme Court
Appeal from special term, New York county. Action by the National Broadway Bank in the city of New York against Stephen T. Barker. Plaintiff obtained a warrant of attachment against defendant’s property, which was vacated, on motion by the Mattson Rubber Company, a subsequent attaching creditor, on the papers upon which it was granted. Plaintiff appeals from the order vacating the attachment. Por former report, see 14 N. Y. Supp. 529.
1Opinion of the CourtVan Brunt, P. J.
This action was brought to recover for injury to personal property by reason of the fraud of the defendant in procuring money from the plaintiff between the 15th of June, 1890, and the 5th of August, 1890, upon six promissory notes issued in form to the defendant, and transferred by him for full value to the plaintiff. • It was alleged in the affidavit upon which the attachment was granted, which was sworn to by the cashier of the plaintiff, that said notes were forged and fraudulent, and that the plaintiff was thereby defrauded out of the sum for which the attachment was issued. As it does…
2Cases cited1 opinion
- Haebler v. . BernharthNew York Court of Appeals · 1889
3Cited by6 opinions
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- First National Bank v. WallaceAppellate Division of the Supreme Court of the State of New York · 1896
- Hoormann v. Climax Cycle Co.Appellate Division of the Supreme Court of the State of New York · 1896
- Hodgman v. BarkerNew York Supreme Court · 1891
- Hoorman v. Climax Cycle Co.New York Supreme Court · 1896
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