Birchell v. Strauss
New York Supreme Court
APPEAL by the defendants from an order made at a special term, denying a motion to vacate an order of arrest. The material facts appear in the opinion of the cotirt.
1Opinion of the Court
By the Court, Davies, P. J.
The defendants were arrested Upon an order made by Justice Sutherland, dated July 2, 1858. The order was granted upon two affidavits, one made by the plaintiff and the other by his attorney. The affidavit of the plaintiff states that in July, 1857, he sold goods to the defendants, upon the faith of representations made by Abraham Emanuel, one of the defendants, to the effect that the firm of the defendants were responsible and engaged in a flourishing and profitable business, and he swears that he sold the goods to the defendants “solely upon the faith of said…
2Cases cited2 opinions
- Moir v. BrownNew York Supreme Court · 1852
- Spies v. JoelThe Superior Court of New York City · 1853
3Cited by3 opinions
- People ex rel. Caldwell v. KellyNew York Supreme Court · 1862
- Caldwell's CaseNew York Supreme Court · 1862
- Townsend v. NebenzahlNew York Supreme Court · 1879