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Bertuch v. Sweeny

21 N.Y.S. 1125 Court N.Y. Gen. Term Decision date 1893-02-13 English

Delivered by DYKMAN, J.

Contents

Majority

p. 1125
BERTUCH v. SWEENY et al.
(Supreme Court, General Term, Second Department.
February 13, 1893.)

Headnote

Appeal from special term, Kings county.
Action by Max Bertuch against Michael Sweeny and John Brown to recover damages for fraud. From an order denying a motion to vacate an order of arrest, defendant Sweeny appeals. Affirmed.
John McGinn, (Edward W. S. Johnston, of counsel,) for appellant.
Charles E. Burke, for respondent.

This is an appeal from an order denying a motion to vacate an order of arrest. Although the moving affidavits contain strong statements, yet we think the judge at special term was justified in finding the facts in favor of the plaintiff, and the order should be affirmed, with $10 costs and disbursements.