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17 Abb. Pr. 163

Draper v. Beers

New York Supreme Court

Decided May 15, 1863

New York Supreme Court · decided 1863-05-15

Motion to vacate an order of arrest. This action was brought by Edward T. Draper and Elizabeth Clark, to recover $85.51, the price of certain merchandise.

Cited by 1 later decisions — most recently February 1906

1 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1863-05-15

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Leonard, J.

¶1The affidavits to authorize an order of arrest for fraudulent representations, whereby the defendant procured the sale and delivery of personal property, must not only set forth the particular statements or representations made in order to obtain the property, but must also set forth in what respects they are false. A general allegation that the representations made are false and fraudulent, is not sufficient.

¶2The affidavit here is defective in this respect.

¶3The order of arrest is vacated, with $10 costs of motion.

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