Sanders v. Siebert

Headnote

Arrest.—Allegations of false representations when sufficient to sustain orders. — Complaint, when may he treated as affidavit though irregularly verified.

Appeal from an order denying a motion to vacate an order of arrest, which motion was made upon the papers upon which the order was granted.

The papers show that the defendant obtained from the plaintiff certain goods by falsely and fraudulently representing that two orders which he presented to the plaintiff and which purported to have been signed by one Westervelt, were genuine, although the defendant had himself without the knowledge or consent of said Westervelt signed said Westervelt’s name to said order, with the intent to deceive and defraud the plaintiff, and that the plaintiff was deceived and defrauded thereby.

The court at General Term said : “ This established a primafacie case sufficient to warrant the issuing of an order of arrest.

“ The complaint was verified as an affidavit and also with the usual verification ‘ except as to those matters,’ etc., and no allegation material to the charge of fraud and deceit was stated upon information and belief. The complaint may be regarded as an affidavit for the purpose of procuring the order of arrest (Palmer v. Hussey, 59 JV. Y. 647).”