Mason v. Lambert
New York Court of Common Pleas
Motion to vacate an order of arrest. The action was brought by the plaintiff as the executrix, &c., of her husband, James Mason, the complaint alleging that the defendant had converted to his own use certain United States bonds belonging to said James Mason, and that the latter had been induced by fraud and misrepresentation to deposit money and enter into a copartnership with the defendant.
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Motion to vacate an order of arrest. The action was brought by the plaintiff as the executrix, &c., of her husband, James Mason, the complaint alleging that the defendant had converted to his own use certain United States bonds belonging to said James Mason, and that the latter had been induced by fraud and misrepresentation to deposit money and enter into a copartnership with the defendant. Judgment was. prayed for that the copartnership agreement be declared void, that defendant surrender the bonds or pay their value, that defendant return all sums of money received from said James Mason,…
1Opinion of the CourtVan Brunt, J.
In determining the question as to whether there is sufficient evidence before the court to sustain the order of arrest in this action, I do not see how it is possible to consider the affidavit made by James Mason in his lifetime.
That affidavit was made by James Mason and entitled in an action, which it would appear he proposed to bring against the defendant upon grounds similar to those upon which this action is founded, and although it was made three months before his death no action was ever commenced by him, nor is any reason given why it was thus unaccountably delayed. The charges…
2Cases cited2 opinions
- McGovern v. PaynNew York Supreme Court · 1859
- Lambert v. SnowNew York Court of Common Pleas · 1859