O'Rourke v. Rankin
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John Rankin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of July, 1920, denying defendant’s motion, made on opposing affidavits, to vacate a warrant of attachment herein. A denial of defendant’s prior motion made before answering, and founded only upon the papers upon which the warrant was granted, has been here affirmed. (192 App.
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Appeal by the defendant, John Rankin, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Kings on the 26th day of July, 1920, denying defendant’s motion, made on opposing affidavits, to vacate a warrant of attachment herein. A denial of defendant’s prior motion made before answering, and founded only upon the papers upon which the warrant was granted, has been here affirmed. (192 App. Div. 918.) From about October 1 to November 13, 1919, plaintiff, an actress, had occupied a room in the Hotel Gerard, Manhattan, of…
1Opinion of the Court
Putnam, J.:
The evidence that a person is leaving the State on a journey overseas is far from a ground to support the charge that he is removing “ property from this State with intent to defraud his creditors.” We are not now concerned so much with the plaintiff’s charge of conversion of her effects. The question *497is whether upon the new proofs by the affidavits from both sides there appears ground to determine that defendant was removing property to defraud his creditors. There is no basis whatever for such imputation. The mere fact that, in these times of extended travel, a resident of New…
2Cases cited2 opinions
- Morris v. . TalcottNew York Court of Appeals · 1884
- Dickey v. Findeisen & Kropf Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1917
3Cited by3 opinions
- Bank Leumi Trust Co. of New York v. Istim, Inc.District Court, S.D. New York · 1995
- Hardenburg v. SmullyanAppellate Division of the Supreme Court of the State of New York · 1922
- Woodward v. Cinerama, Inc.New York Supreme Court · 1961