Cases Under the New York Code of Civil Procedure (Classic Reprint)
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Excerpt from Cases Under the New York Code of Civil Procedure
Appeal from order of the General Term of the Supreme Court in the fourth judicial department, reversing an order of Special Term which vacates an order of arrest made by a justice at chambers.
This action was brought to recover the purchase price of a quantity of malt alleged to have been sold by plaintiff's firm to defendant. An order of arrest was granted upon an affidavit stating that the sale of the malt was induced by fraudulent representations on the part of defendant. The papers, on the motion to vacate the order of arrest, disclosed that defendant's business was conducted by one Bidwell, who made the purchase of plaintiff's firm, that defendant had no knowledge of the purchase or of the representations made thereon, until the service of the papers in this action.
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