New York Supreme Court, 1893

Sing v. Hom Mon Dus

Sing v. Hom Mon Dus
New York Supreme Court · Decided July 1, 1893
56 N.Y. St. Rep. 884

Counsel

W. G. Beecher, for app’lt; H. M. Hermann, for resp’t.

Sing v. Hom Mon Dus

Opinion of the Court

Per Curiam.

The fact that the money was loaned gives no ground of arrest. The only ground upon which this order of arrest can be sustained is that the defendant has fraudulently disposed of his property with intent to defraud his creditors. Tho allegations in the affidavits wholly fail to set up any facts from which any such conclusion can be drawn, and are therefore wholly insufficient. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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