The Rockford, Rock Island and St. Louis Railroad v. Boody
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term refusing to set aside an order of arrest granted herein. This action was brought to recover back the sum of $277,221.14 of plaintiff’s moneys alleged to have been fraudulently procured and withheld and appropriated by defendant, who was the treasurer and a director of the plaintiff.
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Appeal from order of the General Term of the Supreme Court in the first judicial department, affirming an order of Special Term refusing to set aside an order of arrest granted herein. This action was brought to recover back the sum of $277,221.14 of plaintiff’s moneys alleged to have been fraudulently procured and withheld and appropriated by defendant, who was the treasurer and a director of the plaintiff. The papers showed substantially that plaintiff was a corporation incorporated under the laws of Illinois to construct and operate a railroad in that State. It made several construction…
1Opinion of the CourtJohnson, J.
The defendant contends that both the order of arrest and the warrant oí attachment issued in this case were irregular or illegal, so that the court ought to have set aside both, upon the ground that both remedies could not lawfully be allowed in the same suit. Upon his application to set aside both, the court at Special Term required the *458plaintiff to elect which remedy it would retain, and upon its election to retain the arrest, ordered the warrant of attachment to be set aside. The plaintiff having acquiesced in this order and there being only the arrest left in force, the defendant cannot…
2Cases cited6 opinions
- Butts v. . WoodNew York Court of Appeals · 1867
- Cumberland Coal & Iron Co. v. ShermanNew York Supreme Court · 1859
- Coleman v. . Second Avenue R.R. Co.New York Court of Appeals · 1868
- Port v. RussellIndiana Supreme Court · 1871
- Brinley v. AllenMassachusetts Supreme Judicial Court · 1801
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McLaughlin v. WhitonCity of New York Municipal Court · 1902
- McLaughlin v. WhitonCity of New York Municipal Court · 1902