Levins v. Noble
New York Supreme Court
Appeal from an order vacating an order of arrest. The plaintiff, Peter Levins, brought this action against Solomon B. Eoble, an attorney, to recover certain moneys alléged to have been placed in his hands by the plaintiff.
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Appeal from an order vacating an order of arrest. The plaintiff, Peter Levins, brought this action against Solomon B. Eoble, an attorney, to recover certain moneys alléged to have been placed in his hands by the plaintiff. It appeared from the complaint, that the plaintiff had employed defendant as his attorney in managing his affairs as executor' of the estate of Ann Levins, deceased, and that in his character, as such attorney, he had paid to and deposited with him certain moneys, amounting to $947.60, for the repayment of which he demanded judgment. Upon an affidavit, setting forth the…
1Opinion of the Court
By the Coubt.*—Barnard,
J.—The facts stated in the affidavits on which the order of arrest was granted, show that the cause of action is for moneys received by defendant, in a fiduciary character.
As there is no complaint among the appeal papers, we must assume that'the complaint, in its statement of the facts consti*477tuting the cause of action, pursues the affidavit on which the order of arrest was granted.
In this view, the facts constituting the cause of action, and the facts authorizing the arrest are identical. The rule in such cases is, that the order of arrest will not be discharged unless…
2Cases cited2 opinions
- Barret v. GracieNew York Supreme Court · 1861
- Frost v. M'CargerNew York Supreme Court · 1857
3Cited by4 opinions
- Warner v. BatesWisconsin Supreme Court · 1889
- Knickerbocker Life Insurance v. EcclesineThe Superior Court of New York City · 1871
- Royal Insurance v. NobleNew York Court of Common Pleas · 1868
- Stuyvesant v. BowranNew York Supreme Court · 1867