McClure v. Levy
New York Supreme Court
Appeal from special term, Hew York county. Action by David McClure, as receiver of the Life Union, against Louis P. Levy, to recover funds of plaintiff converted by defendant. On complaint and affidavits the special term made an order ordering defendant’s arrest, and, from an order denying a motion to vacate such order, defendant appeals.
1Per curiam
In this action the cause of arrest in identical with the cause of action, and the- order of arrest should not be vacated unless it appears with reasonable certainty that the plaintiff ■cannot recover in the action. From the facts before the special term it would appear that this defendant appropriated the funds ■of the company for the payjnent of notes of doubtful validity, which were not negotiable in their character, and the money was paid out of a fund which was pledged to the certificate holders, and not to be applied to the general uses of the corporation. To entitle the plaintiff to…
2Cited by3 opinions
- Levy v. BernhardAppellate Division of the Supreme Court of the State of New York · 1896
- McClure v. LevyNew York Supreme Court · 1894
- Hart v. GrantSouth Dakota Supreme Court · 1896