Bernhard v. Cohen

Appellate Terms of the Supreme Court of New York

Bernhard v. Cohen

27 Misc. 794, 58 N.Y.S. 363

CourtAppellate Terms of the Supreme Court of New York

DecidedMay 15, 1899

StatusPublished

This text of 27 Misc. 794 (Bernhard v. Cohen) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Bernhard v. Cohen, 27 Misc. 794, 58 N.Y.S. 363 (N.Y. Ct. App. 1899).

Pincite

Opinion

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.

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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.

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Bluebook (online)

27 Misc. 794, 58 N.Y.S. 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bernhard-v-cohen-nyappterm-1899.