Appellate Division of the Supreme Court of New York, 1922

Hardenburg v. Smullyan

Hardenburg v. Smullyan
Appellate Division of the Supreme Court of New York · Decided March 15, 1922
201 A.D. 856
Hardenburg v. Smullyan

Opinion of the Court

Order denying motion to vacate attachment reversed, with ten dollars costs and disbursements, and motion to vacate attachment granted, with ten dollars costs, upon the ground that -there were not sufficient facts presented to justify the inference that defendant had departed from the State with intent to defraud his creditors, and that there was, therefore, no basis for the warrant of attachment. (O’Rourke v. Rankin, 193 App. Div. 494.) Blackmar, P. J., Kelly, Jaycox, Manning and Young, JJ., concur.

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