New York Supreme Court, 1845

Arnold v. Thomas

Arnold v. Thomas
New York Supreme Court · Decided September 15, 1845 · Beardsley
1 How. Pr. 246

Counsel

M. T. Reynolds, Lefts Counsel. J. H. Thomas, Lefts Mty., S. Stevens, Plffs Counsel. I. A. Gates, Plffs Mty.

Arnold v. Thomas

Opinion of the Court

R was insisted by defendant, that the affidavit was insufficient, for the reason that the facts stated in it, did not show a conversion; the defendant might have hired the property from plaintiff.

Beardsley, Justice.

Held the affidavit insufficient, for the reason mentioned, and decided that no order was necessary; that plaintiff could hold to bail of course, and defendant must apply to mitigate the amount or discharge on common bail. Order to hold bail vacated, without costs

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