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Rath v. McNaught

143 N.Y.S. 1140 Court N.Y. App. Div. Decision date 1913-07-25 English

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p. 1140
RATH, Respondent, v. McNAUGHT, Appellant, et al.
(Supreme Court, Appellate Division, Second Department.
July 25, 1913.)

Headnote

Action by Arthur A. Rath against Roy H. McNaught and another.

As the affidavits for the remedy by arrest made a prima facie case of actionable fraud, without reference to the proceedings in the suit of Eastmond v. McNaught, the order denying the motion to vacate the order of arrest is affirmed, with $10 costs and disbursements, to abide the event. Reargument denied. 143 N. Y. Supp. 1140.