Peters v. Kerr

New York Supreme Court

Peters v. Kerr

22 How. Pr. 3

CourtNew York Supreme Court

DecidedAugust 15, 1861

StatusPublished

Cited by3 cases

This text of 22 How. Pr. 3 (Peters v. Kerr) 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

Peters v. Kerr, 22 How. Pr. 3 (N.Y. Super. Ct. 1861).

Pincite

Opinion

Leonard, Justice.

The plaintiff must establish that the defendant has the money or means before such an order can be made.

The defendant cannot be committed to jail on suspicion, nor can any order be made that would have that result, unless it be admitted or proven that the defendant can comply with the order asked for.

The defendant’s statement is, no doubt, very unsatisfactory to a creditor, and gives rise to a suspicion that he may be concealing money or property, but that does not warrant the order for which the plaintiff asks.

The application is therefore denied.

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Leonard, Justice.

The plaintiff must establish that the defendant has the money or means before such an order can be made.

The defendant cannot be committed to jail on suspicion, nor can any order be made that would have that result, unless it be admitted or proven that the defendant can comply with the order asked for.

The defendant’s statement is, no doubt, very unsatisfactory to a creditor, and gives rise to a suspicion that he may be concealing money or property, but that does not warrant the order for which the plaintiff asks.

The application is therefore denied.

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Bluebook (online)

22 How. Pr. 3, Counsel Stack Legal Research, https://law.counselstack.com/opinion/peters-v-kerr-nysupct-1861.

Opinion

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