Citizens' Bank v. . Williams
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of January, 1891, which affirmed an order of Special Term refusing to vacate an attachment. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from order of the General Term of the Supreme Court in the fifth judicial department, made the first Tuesday of January, 1891, which affirmed an order of Special Term refusing to vacate an attachment. The nature of the action and the facts, so far as material, are stated in the opinion. The orders are appealable, as the motions were made on the ground that the affidavits on which the attachments were granted contain no evidence that the defendants had fraudulently disposed of property. (Morris v. Talcott, 96 N. Y. 100; S. C. Bank v. Alberger, 78 id. 262; Allen v. Meyer, 73 id. 1.) It…
1Opinion of the CourtEarl, J.
The defendants were copartners in the mercantile business at Perry, Wyoming county, under the firm name of Williams & Co., and in their firm name, they executed a note to the plaintiff for borrowed money. It commenced this action and obtained an attachment against them on the ground that they had assigned their property with intent to defraud their creditors. They made a motion to set aside the attachment, based upon the same papers upon which it was granted, and the motion was denied at the Special Term, and the decision there was affirmed at General Term, and then the defendants appealed to…
2Cases cited3 opinions
- Wilson v. . RobertsonNew York Court of Appeals · 1860
- Saunders v. . ReillyNew York Court of Appeals · 1887
- Crook v. . RindskopfNew York Court of Appeals · 1887
3Cited by12 opinions
- Tompkins v. . HunterNew York Court of Appeals · 1896
- In Re the General Assignment of HevenorNew York Court of Appeals · 1895
- Dodge v. . McKechnieNew York Court of Appeals · 1898
- McNaney v. HallNew York Supreme Court · 1895
- In re Nashville Laundry Co.District Court, M.D. Tennessee · 1917
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