Raynor v. . Pacific National Bank
New York Court of Appeals
Appeal from, order of the' General Term of the Superior Oourt of the city of New York, made April 17, 1883, which affirmed an order of Special Term, vacating an attachment issued herein and a levy made under it. The General Term order states the affirmance to be “ on the ground that the defendant was insolvent, or in contemplation of insolvency at the time said attachment was granted, and, therefore, the court below had no jurisdiction to issue said attachment.”
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Appeal from, order of the' General Term of the Superior Oourt of the city of New York, made April 17, 1883, which affirmed an order of Special Term, vacating an attachment issued herein and a levy made under it. The General Term order states the affirmance to be “ on the ground that the defendant was insolvent, or in contemplation of insolvency at the time said attachment was granted, and, therefore, the court below had no jurisdiction to issue said attachment.” The material facts are stated in the opinion. The official statements of the officers of defendant, coupled with the action of the…
1Opinion of the CourtRapallo, J.
The attachment was issued on the 9th of January, 1882. If at that time the defendant was insolvent, or in contemplation of insolvency, or had committed an act of insolvency, the attachment was prohibited by section 5242 of the Revised Statutes of the United States, and the order setting it aside should be affirmed. (Robinson v. Nat. Bank of Newberne, 81 N. Y. 385; 37 Am. Rep. 508.)
We think the evidence submitted to the court below was ample to sustain its conclusion that the bank had committed an act of insolvency, and was insolvent, when the attachment was issued; where it is conflicting we…
2Cases cited1 opinion
- Robinson v. . National Bank of NewberneNew York Court of Appeals · 1880
3Cited by7 opinions
- Planters Loan & Savings Bank v. BerrySupreme Court of Georgia · 1893
- Freeman Manufacturing Co. v. National BankMassachusetts Supreme Judicial Court · 1894
- Van Reed v. People's National Bank of LebanonNew York Court of Appeals · 1903
- Hill v. First National BankSupreme Court of Georgia · 1927
- McDonald v. First National BankAppellate Court of Illinois · 1891
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