65 How. Pr. 344 | N.Y. Sup. Ct. | 1883
Aside from the facts which other affidavits not made or produced in this case were relied upon as establishing, the proof was insufficient to warrant an attachment. The affidavits read established the fact that within about a week after the plaintiffs goods were delivered to the defendant, amounting to the sum of $256.25, he made a general assignment for the benefit of his creditors, containing preferences to the amount of over $10,000; that his business was that of a manufacturer of cloaks and ladies’ suits, for which the goods purchased from the plaintiffs were adapted, and on the 21st of March, 1883, they could not be discovered in the store.
As the assignment was assailed by no fact or circumstance indicating it to have been in any respect inconsistent with the legal rights of the defendant’s creditors, and no probably fraudulent disposition of the goods was shown, the right to an attachment by these affidavits was not made out. But in further support of the application it was stated in an affidavit made by one of the plaintiffs that other affidavits had been
In these important respects the affidavit was defective, and, without these defective statements, the facts established did not permit the issuing of an attachment.
The order should be affirmed, with the usual costs and disbursements.
Davis, P. J., and Beady, J., concur.