Frost v. M'Carger
New York Supreme Court
Motion to vacate an order of arrest. In December, 1856, the defendant was arrested and held to bail in this action, pursuant to an order made by one of the justices of this court.
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Motion to vacate an order of arrest. In December, 1856, the defendant was arrested and held to bail in this action, pursuant to an order made by one of the justices of this court. At the January special term, held in Orleans county, the defendant, upon other affidavits, and the affidavits upon which the order of arrest had been made, moved to vacate the order, and the plaintiffs applied for a continuance of the motion to a future special term, to enable them to procure further affidavits, principally from persons residing in the state of Wisconsin. The application was granted, with leave to…
1Opinion of the Court
Marvin, Justice.
The plaintiffs are nurserymen, engaged in the business of selling fruit-trees and shrubbery in or near Rochester. The defendant was a young man—his father’s family residing in Orleans county, in this state. He spent a portion of the summer and fall of 1856 in the state of Wisconsin, in obtaining orders and contracts for the delivery and sale of trees, and nursery articles. In October he visited the plaintiffs, and made an arrangement with them by which he sold and assigned to them the orders and contracts obtained by him, for the consideration, as expressed in the contract, of…
2Cases cited4 opinions
- White & Williams v. PlattNew York Supreme Court · 1848
- United States v. BrooksSupreme Court of the United States · 1851
- Goodrich v. DunbarNew York Supreme Court · 1854
- Jordan v. JordanNew York Supreme Court · 1831
3Cited by6 opinions
- Levins v. NobleNew York Supreme Court · 1862
- Merritt v. HeckscherNew York Supreme Court · 1867
- Shearman v. HartNew York Court of Common Pleas · 1862
- Warner v. BatesWisconsin Supreme Court · 1889
- Britton v. RichardsNew York City Court · 1872
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