National Bank of the Commonwealth v. Temple
The Superior Court of New York City
Appeal from an order made at Special Term, by Mr. Justice McCunn, vacating an order of arrest against defendant Temple. This action was brought against the defendants as copartners, to recover for money lent and advanced to them by the plaintiffs. Upon an affidavit that the money was obtained through false representations, made by the defendants, an order of arrest was granted.
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Appeal from an order made at Special Term, by Mr. Justice McCunn, vacating an order of arrest against defendant Temple. This action was brought against the defendants as copartners, to recover for money lent and advanced to them by the plaintiffs. Upon an affidavit that the money was obtained through false representations, made by the defendants, an order of arrest was granted. The defendant, Temple, applied to have the order vacated as to him, on the ground that the alleged false representations, if made, were made by his partner, Marsh, and not by himself (Temple), and proved, to the…
1Opinion of the Court
By the Court:
Monell, J.
Under statutes existing at the passage of the Hon-imprisonment Act of 1831, a defendant could be held to bail, of course, and without any special order for the purpose, in all actions of debt, and in actions upon contracts for the payment of money, the performance of service, or the delivery of property, and in actions for conversion of, or replevin, or trespass, for taking personal property, and for trespass upon lands. In all other eases a special order was required. The ao etiam clause m the writ denoted the true cause of action, and determined the question of bail…
2Cases cited2 opinions
- McCulloch v. MarylandSupreme Court of the United States · 1819
- Clason v. GouldNew York Supreme Court · 1804