Steinhardt v. Turk

City of New York Municipal Court

Steinhardt v. Turk

18 Misc. 350

DecidedOctober 15, 1896

StatusPublished

This text of 18 Misc. 350 (Steinhardt v. Turk) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Steinhardt v. Turk, 18 Misc. 350 (N.Y. Super. Ct. 1896).

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Opinions

Fitzsimons, J.

The attachment granted herein upon its face shows that it was issued for the reason that it'appears that “ defendant has assigned and transferred his property with intent to defraud his creditors.”

Such an attachment cannot stand, for the reason that it fails to state the ground upon which it was issued. See Hale v. Prote, 75 Hun, 13, and Johnson v. Buckel, 65 id. 601.

[351]*351The motion to vacate said attachment should have been granted.

Order appealed from reversed and the warrant of attachment herein vacated,- with costs to appellant.

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Fitzsimons, J.

The attachment granted herein upon its face shows that it was issued for the reason that it'appears that “ defendant has assigned and transferred his property with intent to defraud his creditors.”

Such an attachment cannot stand, for the reason that it fails to state the ground upon which it was issued. See Hale v. Prote, 75 Hun, 13, and Johnson v. Buckel, 65 id. 601.

[351]*351The motion to vacate said attachment should have been granted.

Order appealed from reversed and the warrant of attachment herein vacated,- with costs to appellant.

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18 Misc. 350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/steinhardt-v-turk-nynyccityct-1896.

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