Stewart v. Brown
New York Supreme Court
This action was commenced by attachment, before a justice of the peace of the county of Fulton. On the 12th day of July, 1852, the plaintiff made an application in writing for an “ attachment against the property of defendant.”
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This action was commenced by attachment, before a justice of the peace of the county of Fulton. On the 12th day of July, 1852, the plaintiff made an application in writing for an “ attachment against the property of defendant.” He accompanied his application by an affidavit, in which he stated the amount of the defendant’s indebtedness, arising upon contract, to be $9,54, and that the application was made “ on the ground that defendant has departed from the said county of Fulton, where he last lived, with intent to defraud his creditors, as this deponent is informed and verily believes.”…
1Opinion of the Court
By the Court, C. L. Allen, J.
The attachment was issued under the provisions of the 26th and 27th sections of the second article of the title of the revised statutes relating to courts held by justices of the peace, (2 R. S. 230; Id. 4th ed. p. 431, §§ 24,25,) on the ground, as specified in the affidavit, “that the said John A. Brown has departed from the said county of Fulton, where he last lived, with intent to defraud his creditors, as deponent is informed and verily believes.” This is almost within the words of the 26th section. The plaintiff is mistaken in supposing that the attachment…
2Cases cited3 opinions
- Miller v. BrinkerhoffNew York Supreme Court · 1847
- Smith v. LuceNew York Supreme Court · 1835
- Van Kirk v. WildsNew York Supreme Court · 1851
3Cited by4 opinions
- Mott v. LawrenceNew York Court of Common Pleas · 1859
- Townsend v. NebenzahlNew York Supreme Court · 1879
- Harrison v. ClarkNew York Supreme Court · 1875
- Jaeger v. ArnsteinNew York Court of Common Pleas · 1886