Sing v. Hom Mon Dus

New York Supreme Court

Sing v. Hom Mon Dus

56 N.Y. St. Rep. 884

New York Supreme Court·Decided July 1, 1893·Published

Opinion

Per Curiam.

The fact that the money was loaned gives no ground of arrest. The only ground upon which this order of arrest can be sustained is that the defendant has fraudulently disposed of his property with intent to defraud his creditors. Tho allegations in the affidavits wholly fail to set up any facts from which any such conclusion can be drawn, and are therefore wholly insufficient. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

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Per Curiam.

The fact that the money was loaned gives no ground of arrest. The only ground upon which this order of arrest can be sustained is that the defendant has fraudulently disposed of his property with intent to defraud his creditors. Tho allegations in the affidavits wholly fail to set up any facts from which any such conclusion can be drawn, and are therefore wholly insufficient. The order should be reversed, with $10 costs and disbursements, and the motion granted, with $10 costs.

Sing v. Hom Mon Dus, 56 N.Y. St. Rep. 884 (N.Y. Super. Ct. 1893).

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56 N.Y. St. Rep. 884 (Sing v. Hom Mon Dus) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.