Liddell v. . Paton
New York Court of Appeals
Appeal from order of the General Term of the Supreme court in the first judicial department reversing "an order of Special Term which denied a motion, on the part of defendant, to vacate an order of arrest, and vacating said order. (Reported below, 7 Hun, 195.) The action was to recover for the alleged conversion of the avails of goods consigned by plaintiff'to defendants for sale, and by them sold, and instead of being remitted according to agreement, converted.
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Appeal from order of the General Term of the Supreme court in the first judicial department reversing "an order of Special Term which denied a motion, on the part of defendant, to vacate an order of arrest, and vacating said order. (Reported below, 7 Hun, 195.) The action was to recover for the alleged conversion of the avails of goods consigned by plaintiff'to defendants for sale, and by them sold, and instead of being remitted according to agreement, converted. The General Term reversed the order upon the ground that the preponderance of proof was with the defendants, and established that…
1Opinion of the Court
Per Owriam.
This court will not review a decision denying or vacating an order of arrest, where, upon any view of the facts, such decision can be upheld. In the case at bar the General Term reversed the order of the Special Term denying the motion to vacate the order of arrest, on the ground that, upon the preponderance of proof, the defendants were entitled to have the order of arrest set aside, and as we are not prepared to say that their decision was wrong in this respect, within the rule laid down, the appeal must be dismissed, with costs.
All concur.
Appeal dismissed.
2Cited by5 opinions
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- Douglass v. . HaberstroNew York Court of Appeals · 1880
- Bondy v. CollierNew York Court of Common Pleas · 1895
- Donovan v. CornellNew York Court of Common Pleas · 1885
- Thompson v. ThompsonNorth Dakota Supreme Court · 1901