New York Supreme Court, 1891

Smith v. Fowler

Smith v. Fowler
New York Supreme Court · Decided May 11, 1891 · Pratt
14 N.Y.S. 940; 38 N.Y. St. Rep. 1019; 1891 N.Y. Misc. LEXIS 2606 (New York Supplement)

Counsel

Argued before Pratt and Dykman, JJ., A. M. & G. Card, for appellant. M. H. Hirschberg, for respondent.

Smith v. Fowler

Opinion of the Court

Pratt, J.

The allegations upon which the attachment was granted were ■so answered and explained by defendant that the dissolution of the attachment was proper. Hot only was it made plain that there was no reason to apprehend defendant would dispose of his property to defraud his creditors, but ■some doubt exists as to the good faith of the original application; And much ■of the property,taken possession of by the sheriff was exempt. The order vacating attachment is affirmed, with $10 costs and disbursements.

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