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PER CURIAM. The fact that the money was loaned gives no ground of arrest. The only ground upon which this order of arrest can be sustained is that the defendant has fraudulently disposed of his property with intent to defraud his creditors. The allegations in the affidavits wholly fail to set up any facts from which any such conclusion can be drawn, and are therefore wholly insufficient. The order should be reversed, with §10 costs and disbursements, and the motion granted, with §10 costs.
Document Info
Citation Numbers: 26 N.Y.S. 1115, 81 N.Y. Sup. Ct. 640
Filed Date: 12/15/1893
Precedential Status: Precedential
Modified Date: 11/12/2024