Appellate Terms of the Supreme Court of New York, 1899

Bernhard v. Cohen

Bernhard v. Cohen
Appellate Terms of the Supreme Court of New York · Decided May 15, 1899 · Freedman
27 Misc. 794; 58 N.Y.S. 363

Counsel

Platzek, Stroock & Herzog, for appellant., Nathán, Leventritt & Pefham (Harold Nathan of counsel), for respondent.

Bernhard v. Cohen

Opinion of the Court

Freedman, P. J.

The allegations contained in the affidavit upon which the attachment in this case was granted are equally as consistent with an honest intent on the part of-the defendant .as a. dishonest one.- Mere conjecture will not sustain an attachment. Proofs should be of such a character as to fairly justify no other conclusion than a dishonest purpose. The order of the General Term should be affirmed.

MacLeait, J., concurs; Levehtbitt, J., taking no part.

Order of the General Term, affirmed, with costs to respondent.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.