Bowery National Bank v. . Duryee
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which vacated an order of arrest granted herein. The cause of actiou, as set forth in the complaint, was for money loaned. The order of arrest was issued upon affidavits alleging fraud in procuring the loan. The Special Term vacated, the order, on the ground that the extrinsic facts alleged in the affidavits were not set forth in the complaint.
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Appeal from order of the General Term of the Supreme Court, in the first judicial department, reversing an order of Special Term, which vacated an order of arrest granted herein. The cause of actiou, as set forth in the complaint, was for money loaned. The order of arrest was issued upon affidavits alleging fraud in procuring the loan. The Special Term vacated, the order, on the ground that the extrinsic facts alleged in the affidavits were not set forth in the complaint. When a complainant fails to show in his complaint that his case is one of those mentioned in sections 549 and 550 of the…
1Opinion of the CourtHand, J.
The appellant insists that the New Code nas effected a great change in the law of arrest in civil actions and that under the five hundred and fifty-eighth section an order of arrest must be vacated, unless the cause of arrest appears in every case in the complaint itself. The grounds for this claim were very fully and ingeniously presented to us by the counsel for the defendant, but after full consideration I am unabl'e to adopt such a construction of the statute. I think the court below were right and that its order must be affirmed. .
It is urged that the intention of the Legislature was to…
2Cited by6 opinions
- Novotny v. . KosloffNew York Court of Appeals · 1915
- Swedish American Nat'l Bank v. Dickinson Co.North Dakota Supreme Court · 1896
- Ex Parte HowitzCalifornia Court of Appeal · 1906
- Lindenheim v. New York Elevated RailroadAppellate Division of the Supreme Court of the State of New York · 1898
- Oishei v. CravenSuperior Court of Buffalo · 1895
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