Harland v. Howard

New York Supreme Court

Harland v. Howard

32 N.Y. St. Rep. 872

DecidedJune 6, 1890

StatusPublished

This text of 32 N.Y. St. Rep. 872 (Harland v. Howard) 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

Harland v. Howard, 32 N.Y. St. Rep. 872 (N.Y. Super. Ct. 1890).

Pincite

Opinion

Van Brunt, P. J.

The ground upon which the order of arrést in this case was issued was undoubtedly because of the misappropriation by the defendant of money claimed to have been received in a fiduciary capacity.

The complaint does not contain the allegations required by § 549 of the Code, which are necessary to sustain an order of arrest. Bartlett v. Sutorius, 25 N. Y. State Rep., 629.

The order appealed from should be reversed, with ten dollars costs and disbursements.

Brady and Daniels, JJ., concur.

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Van Brunt, P. J.

The ground upon which the order of arrést in this case was issued was undoubtedly because of the misappropriation by the defendant of money claimed to have been received in a fiduciary capacity.

The complaint does not contain the allegations required by § 549 of the Code, which are necessary to sustain an order of arrest. Bartlett v. Sutorius, 25 N. Y. State Rep., 629.

The order appealed from should be reversed, with ten dollars costs and disbursements.

Brady and Daniels, JJ., concur.

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Bluebook (online)

32 N.Y. St. Rep. 872, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harland-v-howard-nysupct-1890.