Rapp v. Ash

Appellate Division of the Supreme Court of New York

Rapp v. Ash

85 N.Y.S. 1145

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 12, 1904

StatusPublished

This text of 85 N.Y.S. 1145 (Rapp v. Ash) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Rapp v. Ash, 85 N.Y.S. 1145 (N.Y. Ct. App. 1904).

Pincite

Opinion

PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion to vacate warrant of attachment granted, with $10 costs. Held, that the affidavit presented upon the application for the warrant of attachment did not so establish the defendants had left the state with intent to defraud their creditors, and to avoid service of summons, as to give the justice jurisdiction to grant said warrant; that the allegations upon said subject in form purport to be made upon personal knowledge alone, and it appears that affiant could not have had such personal knowledge.

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PER CURIAM.

Order reversed, with $10 costs and disbursements, and motion to vacate warrant of attachment granted, with $10 costs. Held, that the affidavit presented upon the application for the warrant of attachment did not so establish the defendants had left the state with intent to defraud their creditors, and to avoid service of summons, as to give the justice jurisdiction to grant said warrant; that the allegations upon said subject in form purport to be made upon personal knowledge alone, and it appears that affiant could not have had such personal knowledge.

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Bluebook (online)

85 N.Y.S. 1145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rapp-v-ash-nyappdiv-1904.