Penoyar v. Kelsey

No opinion. Motion for reargument denied; and it is hereby certified that a question has arisen, under section 636 of the Code of Civil Procedure, which provides that an attachment may issue, viz.: “Where, for .the purpose of procuring credit, or the extension of credit, the defendant has made a false_ statement in writing under his own hand or signature, or" under the hand or signature of a duly-authorized agent, made with his knowledge and acquiescence as to his financial responsibility or standing,”—whether an alleged false statement in writing by a debtor which does not come to the knowledge or notice of a creditor until after credit has been given to the debtor is sufficient to authorize the granting of a warrant of attachment under such provision. See 40 N. Y. Supp. 1147 .