Hyperlawhypertext legal database Smith v. Fowler 14 N.Y.S. 940

← Cases

Smith v. Fowler

14 N.Y.S. 940 Court N.Y. Gen. Term Decision date 1891-05-11 English

Delivered by Pratt, J.

Contents

Majority

p. 940
Smith v. Fowler.
(Supreme Court, General Term, Second Department.
May 11, 1891.)

Headnote

Appeal from special term.
Action by Albert C. Smith against Herbert J. Fowler. From an order dismissing an attachment theretofore granted, plaintiff appeals.
Argued before Pratt and Dykman, JJ.
A. M. & G. Card, for appellant. M. H. Hirschberg, for respondent.

The allegations upon which the attachment was granted were ■so answered and explained by defendant that the dissolution of the attachment was proper. Hot only was it made plain that there was no reason to apprehend defendant would dispose of his property to defraud his creditors, but ■some doubt exists as to the good faith of the original application; And much ■of the property,taken possession of by the sheriff was exempt. The order vacating attachment is affirmed, with $10 costs and disbursements.