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27 Misc. 794

Bernhard v. Cohen

Appellate Terms of the Supreme Court of New York · decided 1899-05-15

the Special Term of the City Court, denying a motion to vacate, a warrant of attachment issued against the property of the'defendant.

Decided 1899-05-15

Freedman, P. J.

¶1The allegations contained in the affidavit upon which the attachment in this case was granted are equally as consistent with an honest intent on the part of-the defendant .as a. dishonest one.- Mere conjecture will not sustain an attachment. Proofs should be of such a character as to fairly justify no other conclusion than a dishonest purpose. The order of the General Term should be affirmed.

¶2MacLeait, J., concurs; Levehtbitt, J., taking no part.

¶3Order of the General Term, affirmed, with costs to respondent.

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