American Flask & Cap Co v. Son
The Superior Court of New York City
Motion to vacate an order of arrest. The complaint in this action showed a cause of action for goods sold and delivered. On an affidavit charging fraud in contracting the debt, the plaintiff obtained an order of arrest, which the defendant now moved to vacate, on grounds which appear in the opinion.
1Opinion of the CourtJones, J.
In Wright v. Ritterman, (1 Abb. Pr. N. S. 428,) it is held that a valid discharge granted under the provisions of article 5, chapter 5, title 1, part 2, of the Bevised Statutes, (under which provisions the discharge in this case was granted,) operated so as that if a person in whose favor such discharge has been granted should thereafter be sued in an action ex contractu for a debt due or contracted at the time of the application for a discharge, and should be arrested on the ground that the debt was fraudulently contracted, such person would be entitled to be discharged from arrest.
In the…
2Cases cited3 opinions
- Ayres v. ScribnerNew York Supreme Court · 1837
- Rusell v. PackardNew York Supreme Court · 1832
- Small v. GravesNew York Supreme Court · 1850