Winter v. Schwartz

In this action for fraud, plaintiff moves pursuant to subdivision 5 of section 826 of the Civil Practice Act, for an order of arrest of the two defendants prior to judgment. Said statutory provision specifies that such a remedy may be had in an action to recover damages for fraud, or deceit.

This action is one to recover as damages the sum of $13,990.25, representing the cost of purchases allegedly made by defendants and charged to plaintiff under a credit arrangement between plaintiff and defendants providing for reimbursement of plaintiff by defendants for charges so incurred.

Two of the…