Hyperlawhypertext legal database Ong Sing v. Hom Mon Dus 26 N.Y.S. 1115

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Ong Sing v. Hom Mon Dus

26 N.Y.S. 1115 Court N.Y. Gen. Term Decision date 1893-12-15 English

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p. 1115
ONG SING, Respondent, v. HOM MON DUS, Appellant.
(Supreme Court, General Term, First Department.
December 15, 1893.)

Headnote

Action by Ong Sing against Hom Mon Dus, impleaded, etc.
Argued before VAN BRUNT, P. J., and O’BRIEN and PARKER, JJ.
W. C. Beecher, for appellant.
H. M. Hermann, for respondent.

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.