Strasburger v. Bachrach

New York Supreme Court

Strasburger v. Bachrach

13 N.Y.S. 538, 36 N.Y. St. Rep. 1006, 59 Hun 624, 1891 N.Y. Misc. LEXIS 1558

DecidedFebruary 11, 1891

StatusPublished

This text of 13 N.Y.S. 538 (Strasburger v. Bachrach) 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

Strasburger v. Bachrach, 13 N.Y.S. 538, 36 N.Y. St. Rep. 1006, 59 Hun 624, 1891 N.Y. Misc. LEXIS 1558 (N.Y. Super. Ct. 1891).

Pincite

Opinion

O’Brien, J.

The motion to vacate the attachment was made upon the papers upon which the same was issued. An examination of these will show that, even if we assume that all the statements made with reference to the condition of the assets and liabilities of the defendant were true, there is no proof furnished that the judgments subsequently entered were fraudulent, for the reason that it appears from the papers that some portion of the claims upon which the judgments were based arose subsequent to the time when the [540]*540representations themselves were claimed to have been made. ' It is apparent that the affidavits were not drawn with care, and an examination of them justifies the conclusion reached by the learned judge from whose order- this appeal is taken. The order should therefore be affirmed, with $10 costs and disbursements. All concur.

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O’Brien, J.

The motion to vacate the attachment was made upon the papers upon which the same was issued. An examination of these will show that, even if we assume that all the statements made with reference to the condition of the assets and liabilities of the defendant were true, there is no proof furnished that the judgments subsequently entered were fraudulent, for the reason that it appears from the papers that some portion of the claims upon which the judgments were based arose subsequent to the time when the [540]*540representations themselves were claimed to have been made. ' It is apparent that the affidavits were not drawn with care, and an examination of them justifies the conclusion reached by the learned judge from whose order- this appeal is taken. The order should therefore be affirmed, with $10 costs and disbursements. All concur.

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Bluebook (online)

13 N.Y.S. 538, 36 N.Y. St. Rep. 1006, 59 Hun 624, 1891 N.Y. Misc. LEXIS 1558, Counsel Stack Legal Research, https://law.counselstack.com/opinion/strasburger-v-bachrach-nysupct-1891.