Smith v. Fowler — 38 N.Y. St. Rep. 1019

Majority

p. 1019

Albert C. Smith, App’lt, v. Herbert J. Fowler, Resp’t.

Headnote

Appeal from order vacating attachment.

A. M. & G. Gard, for app’lt; M. H. Herschberg, for resp’t.

The allegations-upon which the attachment was granted were so answered and explained by defendant that the dissolution of the attachment was proper. Not 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 ten dollars costs and disbursements.

Dykman, J., concurs.