Arthurton v. Dalley
New York Supreme Court
Motion by defendant to vacate an order of arrest granted by Justice Davies in this action, on the 13th day of September, 1858. The motion is made upon the affidavits and papers on which the order was granted.
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Motion by defendant to vacate an order of arrest granted by Justice Davies in this action, on the 13th day of September, 1858. The motion is made upon the affidavits and papers on which the order was granted. The order was founded upon an affidavit of Charles William Cooper, a solicitor and agent of the plaintiff in Canada, containing in substance the following allegations: that in 1835, the plaintiff applied to the defendant to become his agent in the purchase of lands in Canada, and supplied him with funds for that purpose, a portion, of. which the defendant laid out in the purchase of…
1Opinion of the Court
Hogeboom, Justice.
The defendant suggests four objections to the order of arrest. 1. That a suit has been heretofore instituted in a foreign tribunal, in which the plaintiff had the command of all proper remedies by arrest or otherwise ; and that it would be inequitable tp allow them to be repeated in this action. 2. That the facts alleged do not make out a cause of arrest under section 119 of the Code. *3143. That the cause of action is barred by the statute of limitations. 4. That the original cause of action has been merged in the judgment in the Canada court; that the cause of action is…
2Cases cited5 opinions
- Adams v. Law Ex Rel. RobinsonSupreme Court of the United States · 1855
- Stewart v. HowardNew York Supreme Court · 1853
- Radcliff v. United InsuranceNew York Supreme Court · 1812
- King v. KirbyNew York Supreme Court · 1858
- Peel v. ElliottNew York Supreme Court · 1858
3Cited by4 opinions
- Baxter v. . DrakeNew York Court of Appeals · 1881
- Greenbaum v. SteinNew York Court of Common Pleas · 1867
- Allen v. AllenNew York Supreme Court · 1880
- Percha v. MayorNew York Court of Appeals · 1888