Peters v. Kerr

Decided August 15, 1861

New York Supreme Court · decided 1861-08-15

The defendant, in substance, swears he has no money or property. During his examination he discloses that he sold his real and personal estate, receiving therefor about $8,000, in March, 1860. He is asked for the items of the expenditure of that sum. His memory will serve him, as he swears, only far enough to particularize about $6,000, but he knows that every cent of it has been spent, and he has none of it now.

Cited by 2 later decisions — most recently February 1898

2 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 1861-08-15

View the full empirical analysis of this case →

Leonard, Justice.

¶1The plaintiff must establish that the defendant has the money or means before such an order can be made.

¶2The defendant cannot be committed to jail on suspicion, nor can any order be made that would have that result, unless it be admitted or proven that the defendant can comply with the order asked for.

¶3The defendant’s statement is, no doubt, very unsatisfactory to a creditor, and gives rise to a suspicion that he may be concealing money or property, but that does not warrant the order for which the plaintiff asks.

¶4The application is therefore denied.