McGovern v. Payn
New York Supreme Court
APPEAL from an order made at a special term denying a motion to vacate an order of arrest. The order of arrest was originally granted upon the ground that the defendant had fraudulently contracted the debt or incurred the obligation for which the action was brought. The motion to vacate the same was upon the ground that the fraud was not, on the whole case, established, and did not in fact exist.
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APPEAL from an order made at a special term denying a motion to vacate an order of arrest. The order of arrest was originally granted upon the ground that the defendant had fraudulently contracted the debt or incurred the obligation for which the action was brought. The motion to vacate the same was upon the ground that the fraud was not, on the whole case, established, and did not in fact exist. The motion was heard at the Albany special term in May, 1859, before Justice Hogeboom, who denied the same upon the merits, and intimated that some of the causes of action set forth' in the complaint…
1Opinion of the Court
By the Court,
Hogeboom, J.
There is some difficulty in determining, from the complaint, what is the precise character, of the causes of action therein set forth'—a question nevertheless of considerable importance in determining the validity of the order of arrest.
The leading object of the suit seems to be to recover damages for the injuries and losses the plaintiff has sustained by the fraud of the defendant. This fraud, as alleged, consists in the defendant’s falsely and fraudulently pretending to have been the owner of a tract of land in Iowa, which he induced the plaintiff to take in…
2Cases cited3 opinions
- Crandall v. BryanNew York Supreme Court · 1857
- Humphrey v. BrownNew York Supreme Court · 1859
- King v. KirbyNew York Supreme Court · 1858
3Cited by14 opinions
- American Union Telegraph Co. v. MiddletonNew York Court of Appeals · 1880
- Brown v. BrownNew York Supreme Court · 1861
- Boyle v. SemenoffAppellate Division of the Supreme Court of the State of New York · 1922
- Hickox v. FayNew York Supreme Court · 1861
- Mallory v. LeachNew York Supreme Court · 1862
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