Hathorn v. Hall
New York Supreme Court
Motion to discharge defendant from arrest. The arrest of the defendant in this case was made pursuant to the act to abolish imprisonment for debt and to punish fraudulent debtors, passed April 26,1831; and the warrant was allowed upon the ground that the defendant was about to remove his property out of the jurisdiction of the court, with intent to defraud his creditors; and also, that he was about to dispose of his property with like intent.
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Motion to discharge defendant from arrest. The arrest of the defendant in this case was made pursuant to the act to abolish imprisonment for debt and to punish fraudulent debtors, passed April 26,1831; and the warrant was allowed upon the ground that the defendant was about to remove his property out of the jurisdiction of the court, with intent to defraud his creditors; and also, that he was about to dispose of his property with like intent. The plaintiff was a creditor of the defendant upon a note. The evidence of the fraudulent intent charged was contained solely in the plaintiff’s own…
1Opinion of the CourtPeabody, J.
—The affidavit, on which alone the arrest was ordered, contains plaintiff’s statement of his own ease; and as defendant moves on plaintiff’s papers alone, these statements are not contradicted, and are to be taken as true. As the statements are made by him, however, in his own language and manner, and in his own behalf, they are to be taken as made in the manner most favorable to himself that the facts would permit; and, therefore, are to be construed strictly against him.
*229Construing them in this manner, do they afford to a reasonable mind satisfactory evidence that defendant is about to…
2Cited by1 opinion
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