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Home > Law > Jurisprudence and general issues > Reports of Practice Cases, Determined in the Courts of the State of New York (Volume 6); With a Digest of All Points of Practice Embraced in the Standard New York Reports
Reports of Practice Cases, Determined in the Courts of the State of New York (Volume 6); With a Digest of All Points of Practice Embraced in the Standard New York Reports

Reports of Practice Cases, Determined in the Courts of the State of New York (Volume 6); With a Digest of All Points of Practice Embraced in the Standard New York Reports


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1869. Excerpt: ... ARREST. are not sufficient proof of malice and special damage to sustain an order of arrest. / b. 5. Where the cause of action is such that the plaintiff, if successful, may have execution against the person of the defendant, the superior court usually require proof that there is danger the defendant will abscond, to sustain an order of arrest before judgment. N. Y. Superior Ct. Sp. T., 1869, Butts v. Burnett, Ante, 302. C. An order of arrest, for fraud in the purchase of goods, committed by representing a bank check drawn by a third person to the order of the defendant, given by him in payment therefor, to be good, and that it would be paid on presentation at the bank, cannot be sustained, where it appears that on the day of the purchase, and on the subsequent day, the drawer of the check had sufficient funds in the bank for the payment of the check, but that he closed his account with the bank on the day previous to the presentation of the check at the bank, in the course of regular bank exchanges; there being no evidence connecting the defendant with the closing of the bank account, and no insolvency of the drawer of the check shown. K. Y. Common Pleas, I869, Stewart v. Potter, 37 How. Pr., 68. 7. Contemporaneous acts of fraud of a similar character to one upon which an arrest is sought, although material upon the question of arrest, must be proved as other facts, and not by hearsay. Ib. 8. The provisions of the Code of Procedure, authorizing arrests in civil actions, do not give the plaintiff a right to arrest the defendant, but it rests in the sound discretion of the judge to grant or refuse an order. N. Y. Superior Ct. Sp. T., 1869, Knickerbocker Life Ins. Co. v. Ecclesine, Ante, 9. 9. The exercise of this discretion in granting the order, by the ju...


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Product Details
  • ISBN-13: 9781153874731
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 194
  • Spine Width: 10 mm
  • Width: 189 mm
  • ISBN-10: 1153874733
  • Publisher Date: 03 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 408 gr


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Reports of Practice Cases, Determined in the Courts of the State of New York (Volume 6); With a Digest of All Points of Practice Embraced in the Standard New York Reports
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