Barry v. Calder
New York Supreme Court
Appeal'from special term, Bensselaer county; Ingalls, Justice. Action brought by John S. Barry against G. Parish Ogden, J. Prank Calder, and Gduverneur Ogden, doing business as Ogden, Calder & Co., and the firm of Work, Strong & Co., for the conversion of personal property. J. Frank Calder and Gouverneur Ogden were arrested on an order granted to accompany the summons.
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Appeal'from special term, Bensselaer county; Ingalls, Justice. Action brought by John S. Barry against G. Parish Ogden, J. Prank Calder, and Gduverneur Ogden, doing business as Ogden, Calder & Co., and the firm of Work, Strong & Co., for the conversion of personal property. J. Frank Calder and Gouverneur Ogden were arrested on an order granted to accompany the summons. They afterwards moved to set aside the order of arrest on the ground that the complaint did not state a cause of action as prescribed by Code Civil Proc. § 549, which says that a defendant may be arrested for “an injury to…
1Opinion of the CourtLearned, P. J.
This is an appeal from an order denying a motion to vacate an order of arrest against Calder, Ogden, and Ogden, three of the defendants. The motion was made, and the appeal is argued, on one ground only, viz., that the complaint does not set forth a sufficient cause of action. See Code, § 558, as now amended, and section 549, subd. 2, as now amended. The action is to recover damages for the wrongful detention or conversion of personal property. Section 1721 is cited to show what must be stated in the complaint. But it is to be noticed that that section is contained in article 1, tit. 2, c.…
2Cases cited1 opinion
- Bowman v. EatonNew York Supreme Court · 1857
3Cited by2 opinions
- Pierpoint v. HoytNew York Court of Appeals · 1932
- Gleason v. MorrisonCity of New York Municipal Court · 1897