Legal Opinion

Armstrong Manufacturing Co. v. Ferris

New York Court of Appeals

Decided January 20, 1891PublishedCited by 1 opinion

Appeal from a judgment of New York common pleas reversing order of special term denying motion to vacate order of arrest.

1Opinion of the CourtFinch, J.

It must be .assumed that the order of arrest was granted in this case under the provisions of § 549 of the Code, which permit it to be made where there was a fraud in the contracting of the debt or in seeking to avoid it after it was contracted. The affidavits used on the application are not printed in the return, and all we know about them is the apparent concession on both sides that they alleged as ground of arrest a fraud effected by a transfer of the debtor’s property with an intent to cheat his creditors. Assuming that to be true, it follows that to sustain an order of arrest the…

2Cited by1 opinion

  1. Lewis v. PollackAppellate Division of the Supreme Court of the State of New York · 1903

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