Staub v. Henry
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Erie county. Action by Frederick Staub against George Henry and others. From an order denying a motion to vacate an order of arrest (41 N. Y. Supp. 831), defendant Henry appeals. Reversed.
1Dissent
FOLLETT, J. (dissenting).
Title to property cannot be acquired through a fraud, much less through a crime. Riggs v. Palmer, 115 N. Y. 506, 22 N. E. 188. The act by which the appellant acquired the plaintiff’s money was a crime (Pen. Code, tit. 10, c. 8), and money so acquired is wrongfully taken and wrongfully detained, and an order of arrest is authorized by subdivision 2 of section 549 of the Code of Civil Procedure in such cases. This view of the question was not considered in Tompkins v. Smith, 48 N. Y. Super. Ct. 113, 62 How. Prac. 499, affirmed 89 N. Y. 602, by a divided court, and…
2Cases cited5 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Tompkins v. SmithThe Superior Court of New York City · 1882
- Martin v. GrossThe Superior Court of the City of New York and Buffalo · 1889
- Kern v. RackowThe Superior Court of New York City · 1873
- Gedney v. HaasNew York Supreme Court · 1875