Wright v. . Brown
New York Court of Appeals
Appeal from order of General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying a motion to vacate an order of arrest. It appeared by plaintiffs’ affidavit, that about December 23, 1874, defendant contracted, through a broker, to purchase of plaintiffs 6,000 bushels of malt for $7,920.57, upon credit, except $476 for storage and charges.
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Appeal from order of General Term of the Supreme Court in the second judicial department, affirming an order of Special Term denying a motion to vacate an order of arrest. It appeared by plaintiffs’ affidavit, that about December 23, 1874, defendant contracted, through a broker, to purchase of plaintiffs 6,000 bushels of malt for $7,920.57, upon credit, except $476 for storage and charges. The malt was billed to defendant, December 31,1874, and on January 8,1875, defendant gave his notes for the purchase-price less the sum so paid in cash, at two, three and four months. The order of arrest…
1Per curiam
This is an appeal from an order affirming an order denying a motion to vacate an order of arrest. It is competent for this court to review such an order if it involves a question of law, as when the order of arrest was granted in a case not authorized by the Code, or when the affidavits fail to establish one of the specified causes of arrest. If the party applying for the order fails to establish a proper case, the order should be denied, and if granted, it is the legal right of the party to have it rescinded, and if refused, an appeal will he to this court. But when it depends upon the…
2Cases cited6 opinions
- Nichols v. . MichaelNew York Court of Appeals · 1861
- Nichols v. . PinnerNew York Court of Appeals · 1858
- Tripp v. CookNew York Supreme Court · 1841
- Peacock v. . New York Life Insurance CompanyNew York Court of Appeals · 1859
- Mitchell v. WordenNew York Supreme Court · 1855
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Lee v. SimmonsWisconsin Supreme Court · 1886
- Phœnix Iron Co. v. Vessels " Hopatcong " & " Musconetcong"New York Court of Appeals · 1891
- Shipman v. SeymourMichigan Supreme Court · 1879
- John Heidsik Co. v. RechterMichigan Supreme Court · 1939
14 more not listed; retrieve them via the Exa API.