Stern v. Moss
New York Court of Common Pleas
Appeal from a • judgment of the District Court in the City of New York for the Ninth Judicial District, and from an order vacating an order of arrest. The summons and order of arrest in this action were served upon the defendant, and on August 3d, 1883, the parties appeared in court and issue was joined between them. The pleadings were oral: complaint, for goods sold and delivered; answer, general denial.
Read the full summary
Appeal from a • judgment of the District Court in the City of New York for the Ninth Judicial District, and from an order vacating an order of arrest. The summons and order of arrest in this action were served upon the defendant, and on August 3d, 1883, the parties appeared in court and issue was joined between them. The pleadings were oral: complaint, for goods sold and delivered; answer, general denial. A motion was made to vacate the order of arrest which had been granted upon extrinsic facts set forth in affidavits showing that the goods liad been obtained upon false and fraudulent…
1Opinion of the Court
Per Cubiam
[After stating the facts as above.]—The justice, in'a well considered opinion, refers to Coles v. Hannigan (8 Daly 43) as authority for his decision. In that case the action was commenced by a warrant of arrest in the first instance, pursuant to subdivision 3, section 16, chapter 346 of the Laws of 1857. The process used determined the character of the action, and as the fraud was not denied, nor any motion made to vacate the arrest, it was held the defendant was liable to arrest upon execution upon proof only of his indebtedness. But section 10 of the act of 1857, allowing the…
2Cases cited2 opinions
- Johnson v. FlorenceNew York Court of Common Pleas · 1866
- Coles v. HanniganNew York Court of Common Pleas · 1878
3Cited by1 opinion
- McGuire v. BausherAppellate Division of the Supreme Court of the State of New York · 1900