Staub v. Myers
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant George Henry from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the '28th day of September,' 1896, denying his motion to vacate an order of arrest.
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Appeal by the defendant George Henry from an order of the Supreme Court, made at the Erie Special Term and entered in the office of the clerk of the county of Erie on the '28th day of September,' 1896, denying his motion to vacate an order of arrest. The complaint alleges that the appellant and others were unlawfully associated in a certain illegal business of selling, and offering to sell what are commonly called lottery policies “ and writings, papers and documents in the nature of bets, wagers and insurance upon the drawing and drawn numbers of certain public and private lotteries and…
1Dissent
Follett, J. (dissenting):
Title to property cannot be acquired through a fraud, much less through a crime. (Riggs v. Palmer, 115 N. Y. 506.) The act by which the appellant acquired the plaintiff’s money was a crime (Penal Code, tit. 10, chap. 8), and money so acquired is wrongfully taken and wrongfully detained, and an order of arrest is authorized by subdivision 2 of section 549 of the Code of Civil Procedure in such cases. This view of the' question was not considered in Tompkins v. Smith (16 J. & S. 113; S. C., 62 How. Pr. 499; affd., 89 N. Y. 602, by a divided court and without an opinion).
2Cases cited4 opinions
- Riggs v. . PalmerNew York Court of Appeals · 1889
- Tompkins v. SmithThe Superior Court of New York City · 1882
- Tompkins v. . SmithNew York Court of Appeals · 1882
- Kern v. RackowThe Superior Court of New York City · 1873