Gaffney v. Burton
New York Supreme Court
On the 31st day of July, 1855, the plaintiffs issued a summons in this action to the sheriff of Oneida county, to recover $347.43, for goods sold and delivered by the plaintiffs to the defendant.
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On the 31st day of July, 1855, the plaintiffs issued a summons in this action to the sheriff of Oneida county, to recover $347.43, for goods sold and delivered by the plaintiffs to the defendant. On the same day the plaintiffs, upon the affidavit of one M‘Nall, procured an order from one of the justices of this court, requiring said sheriff to arrest the defendant, and hold him to bail in this action in the sum of $700. The order of arrest was granted upon the assumption that the defendant had been guilty of a fraud in contracting the debt, for the recovery of which the action was brought, or…
1Opinion of the Court
By the court—Balcom, Justice.
The affidavit upon which the order of arrest was granted fails to establish that the de*518fendant was guilty of a ■ fraud in contracting the debt, for the recovery of which the action was brought. It does not show that the defendant knew that the representations were false, which he made as to his ability to pay before or at the time he purchased the goods of the plaintiff. If he believed his representations were true at the time he made them, he was not guilty of any fraud, however false they may have been. The information and belief upon which the charge is made in…
2Cases cited3 opinions
- Stewart v. HowardNew York Supreme Court · 1853
- Wilmerding v. MoonThe Superior Court of New York City · 1852
- Martin v. VanderlipNew York Supreme Court · 1848
3Cited by1 opinion
- Townsend v. NebenzahlNew York Supreme Court · 1879