Ong Sing v. Hom Mon Due

Order reversed, with ten dollars costs and disbursements, and motion granted, with ten dollars costs.

The fact that the money was loaned gives no ground of arrest. The only ground upon which this order of arrest can he sustained is that the defendant lias 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 he reversed, with ten dollars costs and disbursements, and the motion granted, with ten dollars costs.

Present — Yan Brunt, P. J., O’Brien and Parker, JJ.