Hoyt v. . Godfrey
New York Court of Appeals
This was an appeal from an order of General Term affirming an order of Special Term which denied a motion to vacate an order of arrest herein. The complaint alleged a fraudulent disposition of his property by defendant with intent to defraud his creditors. The court here held the fact disclosed by the affidavits did not justify the order of arrest.
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This was an appeal from an order of General Term affirming an order of Special Term which denied a motion to vacate an order of arrest herein. The complaint alleged a fraudulent disposition of his property by defendant with intent to defraud his creditors. The court here held the fact disclosed by the affidavits did not justify the order of arrest. The facts in relation to the prominent point presented, together with the views of the court thereon, appear in the following extract from the opinion: “ The next and most serious ground relied upon is, that the defendant, in contemplation of his…
1Opinion of the Court
Tracy, J.,
reads for reversal of orders of General and Special Terms, and for granting motion to vacate order of arrest.
All concur, except Batallo, J., absent.
Ordered accordingly.
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