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Steinhardt v. Turk

75 N.Y. St. Rep. 1510 Court N.Y. City Ct. Decision date 1896-11-02 English

Decision Majority — Fitzsimons, J. · Concurring — Van Wyck, C. J.

Contents

Majority

p. 1510
Steinhardt et al., Respondents, v. Turk, Appellant.
(City Court of New York, General Term.
November 2, 1896.)

Headnote

Action by Louis Steinhardt and others against Herman Turk. Goldf ogle & Cohn, for appellant. S. Venino, for respondents.

—The attachment granted herein upon its face shows that it was issued for the reason that it appears that defendant has assigned and transferred his property with intent to defraud his creditors.' Such an attachment cannot stand, for the reason that it fails to state the ground upon which it was issued. See Hale v. Prote, 75 Hun, 13 , and Johnson v.

Concurrence

p. 1511
Buckel, 65 Hun, 601 . The motion to vacate said attachment should have been granted. Order appealed from reversed, and the warrant of attachment herein vacated with costs to appellant.

—I concur in the result that the warrant of attachment ■should be vacated with $10 costs, and that order be reversed, with costs.