Draper v. Beers

New York Supreme Court

Draper v. Beers

17 Abb. Pr. 163

CourtNew York Supreme Court

DecidedMay 15, 1863

StatusPublished

Cited by1 cases

This text of 17 Abb. Pr. 163 (Draper v. Beers) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Draper v. Beers, 17 Abb. Pr. 163 (N.Y. Super. Ct. 1863).

Pincite

Opinion

Leonard, J.

The affidavits to authorize an order of arrest for fraudulent representations, whereby the defendant procured the sale and delivery of personal property, must not only set forth the particular statements or representations made in order to obtain the property, but must also set forth in what respects they are false. A general allegation that the representations made are false and fraudulent, is not sufficient.

The affidavit here is defective in this respect.

The order of arrest is vacated, with $10 costs of motion.

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Leonard, J.

The affidavits to authorize an order of arrest for fraudulent representations, whereby the defendant procured the sale and delivery of personal property, must not only set forth the particular statements or representations made in order to obtain the property, but must also set forth in what respects they are false. A general allegation that the representations made are false and fraudulent, is not sufficient.

The affidavit here is defective in this respect.

The order of arrest is vacated, with $10 costs of motion.

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Bluebook (online)

17 Abb. Pr. 163, Counsel Stack Legal Research, https://law.counselstack.com/opinion/draper-v-beers-nysupct-1863.

Opinion

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