網頁圖片
PDF
ePub 版

to the estate of the debtor. But such authority shall not prevent any party interested in the trust estate from showing upon the final accounting of such assignee that such debt or claim was fraudulently or negligently sold, compounded or compromised. The sale of any debt or claim heretofore made in good faith by any assignee shall be valid, subject, however, to the approval of the county judge, and the assignee shall be charged with and be liable for, as part of the trust fund, any sum which might or ought to have been collected by him. Id., $ 23, as am'd L. 1885, c. 464. 18 Hun, 232; 8 Daly, 89.

24 Proceedings in New York city. In the city and county of New York all papers, except assignments, which by this act are required to be hereafter filed or recorded in the county clerk's office shall be filed or recorded in the office of the clerk of the court of common pleas of said city and county; and any judge of said court may exercise all the powers of a county judge for said county for the purposes of this act, and any act or proceeding commenced or returnable before, or instituted or ordered by, one of the judges of said court, may be heard, continued or completed, by or before any other of them. Id., § 24. 6+ How. Pr. 353; 10 Daly, 148; 99 N. Y. 539.

25 Jurisdiction. Any proceeding under this act shall be deemed for all purposes, including review by appeal or otherwise, to be a proceeding had in the court as a court of general jurisdiction, and the court shall have full jurisdiction to do all and every act relating to the assigned estate, the assignees, assignors and creditors, and jurisdiction shall be presumed in support of the orders and decrees therein unless the contrary be shown; and after the filing or recording of an assignment under this act, the court may exercise the powers of a court of equity in reference to the trust and any matters involved therein. Id., § 25. 40 Hun, 64; 26 id. 215; 34 id, 219, 505; 30 id, 199; 44 id. 198; 99 N. Y. 145, 539, 546; 8

Daly, 76; 13 id. 21; 5 Misc. 105; 37 N. Y. St. R. 253; 69 id. 647; 89 Hun, 550; 13 N.Y.

Supp. 828; 14 id. 706–708; 16 id. 15. 26 Trial of disputed claims; commissions of assignee. The court, in its discretion, may order a trial by jury or before a referee, of any disputed claim or matter arising under the provisions of this act, or the acts hereby amended. It may in its discretion award reasonable counsel fees and costs, determine which party shall pay the same, and make all necessary rules to govern the practice under this act. The assignee or assignees named in any assignment shall receive for his or their services a commission of five per centum on the whole sum which will have come into his or their hands. Id., § 26, as am'd L. 1878, c. 318, $ 7. 1 Abb. N. C. 53; 2 id. 222; 9 id. 132, rev'd, 10 Abb. N. C. 284, rev'd, 89 N. Y. 259; 8 Hun,

516; 18 id, 195; 30 id. 258; 34 id. 217; 36 id. 136; 40 id. 523; 44 id. 198; 61 N. Y. 344; 86 id. 398; 99 id. 145, 539; 8 Daly, 119; 10 id. 11, 39, 52, 74; 13 id. 23, 113, 481, 181; 1 N. Y. Supp., 685; 9' id. 763; 27 id. 416; 6 Misc. 526; 25 Abb. N. C. 63; 56 N. Y. St.

R. 743. _ As to fees of trustee under deed or trust to sell property for benefit of creditors, see Trusts, $ 32.

27 $ 27 was repealed by L. 1892, c. 677, and revised in the Statutory Construction Law, 1892, c. 677, § 8. 8 28 repeals L. 1860, c. 348, and all amendatory acts, with saving clause. >28 Wages of employees preferred claim. In all distributions of assets under all assignments, made in pursuance of this act, the wages or salaries actually oring to the employees of the assignor or assignors at the time of the execution of the assignment shall be preferred before any other debt; and should the assets of the assignor or assignors not be sufficient to pay in full all the claims preferred, pursuant to this section, they shall be applied to the payment of the same pro rata to the amount of each such claim. Id., § 29, as am'd L. 1884, c. 328, and L. 1886, c. 283. 39 Hun, 537; 40 id. 121; 43 id. 380; 46 id. 114; 104 N. Y. 606; 120 id. 1; 129 id. 1; 57 Hun,

490, 59 id. 84; 73 id. 605; 30 N. Y. St. R. 190; 33 id. 34; 37 id. 684; 19 N. Y. Supp. 24; 2 id. 507; 12 id. 284, 821; 13 id. 136, 592; 7 id. 376; 11 id. 241, 242.

[blocks in formation]

29 Other preforencos limited. In all general assignments of the estates of debtors for the benefit of creditors hereafter made, any preference created therein (other than for the wages or salaries of employees under chapter three hundred and twenty-eight of the laws of eighteen hundred and eighty-four, and chapter two hundred and eighty-three of the laws of eighteen hundred and eightysix) shall not be valid except to the amount of one-third in value of the assigned estate left after deducting such wages or salaries, and the costs and expenses of executing such trust; and should said one-third of the assets of the assignor or assignors be insufficient to pay in full the preferred claims to which, under the provisions of this section, the same are applicable, then said assets shall be applied to the payment of the same pro rata to the amount of each said preferred claims. L. 1877, c. 466, § 30, as am'd L. 1887, c. 503. 105 N. Y. 256; 127 id. 281; 129 id. 1; 130 id. 421; 138 id. 435; 142 id. 286; 55 Hun, 381;

59 id. 84, 330, 529; 60 id. 103, 248; 72 id. 263; 76 id. 361; 82 id. 396; 1 Misc. 112; 23 Abb. N. C. 7; 25 id. 161; 32 N. Y. St. R. 242; 34 id. 912; 35 id. 38, 499; 36 id. 117, 291; 37 id. 278, 684, 740; 38 id. 214, 814; 41 id. 202; 42 id. 535; 47 id. 20; 48 id. 652; 49 id. 191; 53 id. 16: 54 id. 161; 58 'id. 469; 61 id. 26; 63 id. 566: 19 N. Y. Supp. 211. 363; 1 id. 162, 207; 4 id. 359; 5 id. 647-8; 6 id. 407; 7 id. 46, 216, 622, 698, 699; 8 id. 219, 410, 507, 510; 11 id. 411; 12 id. 284, 285, 641, 820, 822, 941, 942; 13 id. 135, 136, 465, 592, 688, 690, 691, 869, 870; 14 id. 236, 706, 708; 17 id. 557, 558; 18 id. 234; 19 id. 363; 20 id. 727, 810; 23 id. 989; 24 id. 8, 448; 29 id. 396; 37 id. 540; 1 App. Div.

475, 476; 146 N. Y. 34; 65 N. Y. St. R. 763. 30 Concurrent powers given to supremo court, etc.; where proceedings to be had. All powers, rights and duties conferred upon county courts and county judges by chapter four hundred and sixty-six of the laws of eighteen hundred and seventy-seven, entitled “An act in relation to assignments of the estates of debtors for the benefit of creditors," and by acts amendatory thereof and additional or supplemental thereto, are hereby also conferred upon and shall be exercised by the supreme court and the justices of the supreme court of the state of New York, concurrently with county courts and county judges. All applications under said acts made in the supreme court shall be made to the court, or a justice thereof, within the judicial district where the assignment is recorded, and all proceedings and hearings under said acts had in the supreme court upon the return of a citation shall be had at a special term of said court held in the county where the judgment debtor resided at the time of the assignment, or in case of an assignment by copartners, in the county where the principal place of business of such copartners was at the time of such assignment. L. 1885, c. 380, § 1.

140 N. Y. 99; 65 N. Y. St. R. 314; 24 N. Y. Supp. 11. TO OR BY BANKS, ETC.; see Banking Law, $ 79; Stock Corporation Law, $ 48. DIRECTED BY COURT; see Insolvency, SS 26-34, 46, 47, 50, 60-64. EFFECT OF, ON MECHANICS' LIENS; see Mochanics' Liens, SS 31, 35. FRAUDULENT; see Fraud, § 10. OF JUDGMENT; see Judgment, etc., § 63. BY LIMITED PARTNERSHIP; seé Partnership, $ 19. PROVISIONS RELATING TO ASSIGNEES; see Arrests, & 8; Bonds, $ 11; Costs, SS 63, 66; County

Courts, % 1; Insolvency, & 5; Liquor Tax Law, § 25; Preferred and Deferred

Causes, Š 3; Trusts, etc., 8$ 42, 105; Undertakings, Š 3. For earlier laws on this subject, sec Birdseye's Chronological Table of Statutes, under L. 1788, c. 92; L. 1801, Revised Acts, c. 131 (1 K. & R. p. 428); 1 R. L. 1813, c. 98, pp. 460-472, and L. 1860, c. 848; and see 2 R. S. 16-23.

ASSIGNMENT OF COUNSEL.
See Arraignment, $ 8.

ASSISTANTS AND DEPUTIES.
IN GENERAL; see Public Officers Law, 86 9, 10, 105, 106.
ABBISTANT CLERKS OF COURT OF APPEALS; see Court of Appeals, & 11.

COMMISSIONER OF AGRICULTURE; see Agricultural Law, $ 62.
DISTRICT ATTORNEY; see County Law, SS 202, 204.
ENGINEERS; see Canal Law, S$ 14, 50, 51.
FACTORY INSPECTOR; see Children, ss 6, 10.
HEALTH OFFICER; see Public Health Law, S 102.
OFFICERS OF SENATE AND ASSEMBLY; see Legislative Law, SS 6-8, 10, 19.
PHARMACIST; see Public Health Law, $ 182.
SECRETARY OF REGENTS; see University Law, 8 5.
STENOGRAPHER; see Stenographers, $ 6.

ASSISTANT — (Continued)

SUPERINTENDENT OF PUBLIC WORKS; see Constitution, & 65; Canal Law, SS 21, 30.

SUBVEYOR; see Surveyor. DEPUTY ATTORNEY-GENERAL; see Executive Law, SS 51, 51n; Trials, $ 51. CLERK OF COURT; see Attorneys, etc., $ 7; County Law, $ 165j, Court of Appeals,

$ 10; Evidence, S 16; Executive Law, ss 21, 31; Public Officers Law, $ 9; Trials,

$ 51. COMPTROLLER; see Comptroller, & 18; Trials, $ 51. CONSTABLE; see Justices' Courts, & 275. CONSULS; see Real Property Law, $ 257. COUNTY CLERK; see County Law, $s 162, 163, 165i; Eloction Law, § 236; Evidence,

$ 16; Public Officers Law, $ 31; Trials, SS 83, 87. FACTORY INSPECTOR; see Children, SS 10, 16, 19. INSPECTOR OF GAS METERS; see Transportation Corporations Law, $ 63. INSPECTOR OF PRISONS; see Trials, $ 51. SECRETARY OF STATE; see Executive Law, SS 21, 31; Public Oficers Law, § 9; Trials,

$ 51. SHERIFF; see Arrest, S 80; Attorneys, etc., & 8; Constable, $ 5; County Law, $ 182;

Death Penalty, $ 17; Distress, $ 13; Executions, SS 26, 96; Fires, $ 1; Fisheries, etc., Law, § 31; Mobs and Riots, § 10; Public Officers Law, S 31; Sheriff, § 1;

Trials, $ 51.
STATE ENGINEER AND SURVEYOR; see Canal Law, $ 61; Trials, $ 51.
STATE TREASURER; see Banking Law, 8 86; Trials, $ 51.
SUPERINTENDENT OF BANKING DEPARTMENT; see Banking Law, SS 3, 5; Trials, & 51.
SUPERINTENDENT OF INSURANCE DEPARTMENT; see Insurance Law, SS 2, 5, 7; Trials,

S 51.
SUPERINTENDENT OF PUBLIC INSTRUCTION; see Consolidated School Law, S 3.

SUPERINTENDENT OF PUBLIC WORK8; see Canal Law, 27; Trials, $ 51. For the various classes of assistant clerks and other officials see further under the several titles of such officials. See also Agents.

ASSOCIATE HOUSES. See Religious Corporations Law, $ 6.

ASSOCIATIONS.
DEFINED; see Liquor Tax Law, & 2; Horses, $ 7; Insurance Law, SS 295-298; Joint-Stock
Association Law; Liquor Tax Law, $ 33; Public Officers Law, $ 110.

ASSURANCE.
FURTHER ASSURANCE DEFINED; see Real Property Law, SS 218, 219.

ASYLUMS.
ASSESSING EMPLOYEES OF; see Election Law, SS 248, 249.
FOR BLIND; see Blind.
BODIES OF PERSONS DYING AT; see Public Health Law, $ 207.
FOR CHILDREN; see Poor Law, $ 56; Orphan Asylums; Public Health Law, SS 203–205.
FOR DEAF AND DUMB; see Deaf and Dumb.
ESTABLISHED BY RELIGIOUS CORPORATIONS; see Religious Corporations Law, $ 6. '
FOR IDIOTS; see State Charities Law, SS 64–70.
FOR INSANE; see Insanity Law; Prisons, SS 149, 174, 222.
DEFINED; see Insanity Law, $ 2.
OFFICERS OF, EXEMPT FROM JURY DUTY; see Trials, SS 52, 53.
REPORTS OF; see Benevolent, etc., Societies, $ 15.'
RESIDENCE OF INMATE; see Constitution, S 21; Election Law, S 34.
SELLING LIQUOR TO INMATE8; see Liquor Tax Law, SS 30.
FOR SOLDIERS AND SAILORS; see New York State Soldiers' and Sailors' Home; Seamen,

SS 1-7. VISITATION; see Charities; Comptroller, § 39. TO BE ORGANIZED UNDER MEMBERSHIP CORPORATIONS LAW; see Membership Corporations Law, $ 31; also see State Charities Law.

• ATHENS, Town OF. For boundaries see Birdseye's Chronological Table of Statutes, under L. 1788, c. 64, p. 38.

ATHLETIC ASSOCIATIONS. Note.—These corporations were formerly chartered under L. 1861, c. 149; L. 1865, c. 368, and L. 1875, c. 287. See Birdseye's R. s., 1st ed., pp. 2147, 272, 2725.

ATTACHMENT. 881-- 8. Cases where a Warrant of Attachment may be Granted, and Proceed

ings upon Granting the Same.
9--46. Executing the Warrant, Pending the Action.

[ocr errors]
[ocr errors]

Abl

V. C. 21

88 47--59. Vacating or Modifying the Warrant; Discharging the Attachment. 60--66. Regulations where there are two or more Warrants against the Same

Defendant. 67--73. Proceedings after Judgment; Rights of Parties and Duties of Sheriff

after the Warrant is Vacated or Annulled, or the Attachment Dis

charged. Cases where a Warrant of Attachment may be Granted, and Proceedings upon

Granting the Same. 1 Warrant of attachment, in what actions may be granted. A warrant of attachment against the property of one or more defendants in an action may be granted upon the application of the plaintiff, as specified in the next section, where the action is to recover a sum of money only as damages for one or more of the following causes: 15 Alb. L. J. 232; 53 N. Y. Super. 79; 44 Hun, 86; 4 L. B. 81; s. c. 2 Civ. Pro. 330; s. C.

64 How. Pr. 1; 27 Hun, 269; 23 W. D. 286: 11 Civ. Pro. 41; 101 N. Y, 5, 8; 44 Hun,

72; 21 id. 594; 60 id. 156; 61 N. Y. St. R. 355; 63 id. 410. 1. Breach of contract, express or implied, other than a contract to marry. 28 Hun, 22; s. c. 15 W. D. 557; 28 W. D. 75; 64 How. Pr. 366; 23 W. D. 297; 23 id. 286;

6 Civ. Pro. 79, 81; 36 Hun, 296; 27 id. 242, 244; 29 id. 265; 2 Civ. Pro. 330, 331; s. c. 64 How. Pr. 1; 11 Abb. N. C. 180; 1 City Ct. 473, 474; s. c. 3 Civ. Pro. 106, 108; s. c. 64 How. Pr. 366; 32 Hun, 256; 66 How. Pr. 220, 221; 4 Civ. Pro, 354; 36 Hun, 296; 38 id 205; 39 id. 326, 328; s. c. 9 Civ. Pro. 250, 252, 255; 8. c. 3 How. Pr. N. S. 173, 174; 12 Civ. Pro. 326; 108 N. Y. 270

rev'g 46 I 238; 21 Hun, 594; 49 id. 384; 57 N. Y. St. R. 132. 2. Wrongful conversion of personal property. 60 How. Pr. 124; 39 Hun, 326, 328; s. c. 9 Civ. Pro. 250, 252, 255; s. c. 3 How. Pr. N. S.

173, 174; 21 Hun, 594; 35 id. 477; 55 id. 381; 68 id. 177; 51 N. Y. St. R. 891. 3. An injury to person or property, in consequence of negligence, fraud or other wrongful act. Code Civ. Pro., § 635, as ame'd L. 1877, c. 416, L. 1894, C. 738, and L. 1895, c. 578. 42 How. Pr. 107; 25 Hun, 395; s. c. 13 W. D. 190; 27 Hun, 234, 235; 66 How. Pr. 282;

23 W. D. 297; 11 Abb. N. C. 175; 39 Hun, 326, 328; s. c. 9 Civ. Pro. 250, 252, 255; s. c. 3 How. Pr. N. S. 173, 174; 21 Hun, 594; 47 id. 238; 115 N. Y. 459; 18 Civ. Pro. 63, 262; 20 id. 300; 21 id. 143, 147; 22 id. 214, 336, 399; 55 Hun, 381; 10 Misc. 347; 46 N. Y. St. R. 895; 4 N. Y. Supp. 819, 873; 8 id. 63, 509; 9 id. 804; 14 id. 576; 19 id. 825; 22 id. 65, 812; 35 id. 836; 36 id. 436; 37 id. 163; 1 App. Div. 404; 69 N. Y. St. R.

422; 147 N. Y. 150. [Note.-As to national banks, the U. S. R. S. provide that “ * * No attachment,

injunction or execution shall be issued against such association or its property, before final judgment in any suit, action or proceeding, in any state, county, or municipal

court.” U. S. R. S., & 5242.] 124 U. S. 721.

2 What must be shown to procure warrant. To entitle the plaintiff to such a warrant, he must show, by affidavit, to the satisfaction of the judge granting the same, as follows:

27 Hun, 234; s. c. 14 W. D. 435; 6 Civ. Pro. 263, 405; 28 W. D. 75; 55 Hun, 381.

1. That one of the causes of action specified in the last section exists against the defendant. If the action is to recover damages for breach of contract, the affidavit must show that the plaintiff is entitled to recover a sum stated therein, over and above all counterclaims known to him. 4 Hun, 638; 6 T. & C. 70; s. c. 3 Hun, 398; 6 id. 526, 483; 44 N. Y. 271; 10 W. D. 61;

1. That one. If the actie plai

8. c. 80 N. Y. 547; s, c. 21 Alb. L. J. 354; 19 Hun, 299; 10 W. D. 130; 54 How. Pr. 27; 14 Hun, 267; 59 How. I'r. 68; 62 id. 364; s. c. 13 W. D. 411; 87 N. Y. 141; s. c. 21 Daily Reg. No. 1; 27 Hun, 517; s. c. 15 W. 1), 314, rev'g 63 How. Pr. 47; s. c. 10 Abb. N. C. 342: 27 Hun, 242; s. c. 15 W. D. 25, aff'g 4 L. B. 19; 30 Hun, 248; s. c. 17 W. 1). 539; 28 Hun. 22; s. c. 15 W. D557; 16 id. 210; 21 id.,

6 : 33 Civ. Pro. 411, 413; 15 Abb. N. C. 480, 481; 7 Civ. Pro. 144, 149; 101 N. Y. 165; 26 W. D. 292; 27 Hun, 269; 28 id. 22; 60 How. Pr. 190; 3 Civ. Pro. 162342; 26 Hun, 470: 91 N. Y. 668, 670; 66 How. Pr. 221: 4 civ. Pro 25. 10..0.32; 342: 26. Hun, 470; s. c. 15 Abb. N. C. 338, 339, 347; s. c. 7 Civ. Pro. 287, 289: 7 id. 301, n.; 1 How. Pr.

ow. Pr: 221; 4 Civ: Pro. 354: 1 How. Pr. N., S. 317, 318, 323; N. S. 277; 35 Hun, 397, 543; 2 How. Pr. N. S. 54; 101 N. Y. 8: 38 Hun, 205, 210; 41 id. 63; 3 How. Pr. N. S. 160; 23 W. D. 406: 44 Hun, 70, 71; 47 id. 331; 66 How. Pr. 282: 9 Daly, 413; 51 Hun, 207; 115 N. Y. 459; 60 Hun, 438, 466; 45 N.'Y. St. R. 31; 49 id. 703; 30 N. Y. Supp. 527."

35:

2. That the defendant is either a foreign corporation or not a resident of the state; or, if he is a natural person and a resident of the state, that he has departed therefrom, with intent to defraud his creditors, or to avoid the service of a summons, or keeps himself concealed therein with the like intent; or, if the defendant is a natural person or a domestic corporation, that he or it has removed, or is about to remove property from the state, with intent to defraud his or its creditors; or has assigned, disposed of or secreted, or is about to assign, dispose of or secrete property with the like intent; or, where, for the purpose of procuring credit, or the extension of credit, the defendant has made a false statement in writing, under his own hand or signature, or under the hand or signature of a duly authorized agent, made with his knowledge and acquiescence as to his financial responsibility or standing; or, where the defendant being an adult and a resident of the state, has been continuously without the United States for more than six months next before the granting of the order of publication of the summons against him, and has not made a designation of a person upon whom to serve a summons in his behalf, as prescribed in section four hundred and thirty of this act; or a designation so made no longer remains in force; or service upon the person so designated can not be made within the state, after diligent effort. Code Civ. Pro., $ 636, as am'd L. 1877, c. 416, L. 1894, c. 736, and L. 1895, c. 578. 26 X. Y. Supp. 1003; 49 How. Pr. 225; 63 N. Y. 646; 6 T. & C. 74; s. c. 3 Hun, 397; 41

How. Pr. 270; 7 Hun, 96; 52 How. Pr. 136; 10 W. D. 28; 57 How. Pr. 78; 7 Daly, 229, 147; 19 Hun, 265; 14 id. 126; 19 id. 477; s. c. 58 How. Pr. 306; 60 id. 124, 145; 26 Hun, 24; 11 Abb. N. C. 175; s. c. 63 How. Pr. 491; 21 W. D. 145; 21 id. 176; 67 How. Pr, 388; 33 Hun, 481, 485; 6 Civ. Pro. 366: 7 id. 356: 101 N. Y. 165: 53 N Y Super 79.1E Abh' N. C. 356; 27 Hun, 269; 26 id. 470; 66 How. Pr. 221; 4 Civ. Pro. 320; 35 Hun, 397, 543; 1 How. Pr. N. S. 289; 11 Civ. Pro. 41; 38 Hun, 205, 210; 41 id. 63; 3 How. Pr. N. S. 160; 23 W. D. 406; 22 id. 311; 25 Hun, 396, 397; s. C. 13 W. D. 190; 50 Hun, 352; 119 N. Y. 160; 18 Civ. Pro, 63; 21 id. 121, 131, 136, 141, 146, 162, 321, 359; 23 id. 306, 348; 55 Hun, 86; 60 id. 443; 61 id. 333; 69 id. 308; 74 id. 410; 75 id. 336; 76 id. 120, 565; 65 id. 601; 2 Misc. 100, 420; 84 Hun, 114, 561; 11 Misc. 294; 35 N. Y. St. R. 546; 37 id. 302; 39 id. 163; 42 id. 216; 48 id. 925; 51 id. 519, 828; 53 id. 351; 57 id. 163, 317, 477; 58 id. 210, 246, 482; 61 id. 351; 66 id. 314; 2 N. Y. Supp. 218, 674, 865; 3 id. 84; 4 id. 324, 873; 5 id. 888; 6 id. 319, 916; 8 id. 63, 206, 509; 9 id. 804; 10 id. 281; 12 id. 679; 13 id. 426, 664, 699; 14 id. 915; 15 id. 6, 208; '16 id. 542; 17 id. 184, 740; 18 id. 148, 608; 20 id. 566; 21 id. 2; 22 id. 65, 296, 812, 872; 23 id. 529; 32 id. 247, 861; 35 id. 385; 69 N. Y. St. R. 422, 541; 65 id. 5; 147 N. Y. 258. 3 Warrant in action against public officer, etc.; for peculation. A warrant of attachment, against the property of one or more defendants in an action, may also be granted, upon the application of the plaintiff, where the complaint demands judgment for a sum of money only; and it appears, by affidavit, that the action is brought to recover money, funds, credits, or other property, held or owned by the state, or held or owned, officially or otherwise, for or in behalf of a public governmental interest, by a municipal or other public or corporation, board, officer, custodian, agency, or agent, of the state, or of a city, county, town, village, or other division, subdivision, department, or portion of the state, which the defendant has, without right, obtained, received, converted, or disposed of; or in the obtaining, reception, payment, conversion, or disposition of which, without right, he has aided or abetted; or to recover damages for so obtaining, receiving, paying, converting, or disposing of the same; or the aiding or abetting thereof; or in an action in favor of a private person or corporation, brought to recover damages for an injury to personal property where the liability arose, in whole or in part, in consequence of the false statements of the defendant as to his responsibility or credit, in writing, under the hand or signature of the defendant or his authorized agent, made with his knowledge and acquiescence, In order to entitle the plaintiff to a warrant of attachment, in the case specified in this section, he must show, by affidavit, to the satisfaction of the judge granting it, that a sufficient cause of action exists against the defendant for a sum stated in the affidavit. Code Civ. Pro., § 637, as am'd L. 1877, c. 416, and L. 1894, c. 736. 63 N. Y. 194; 91 id. 668, 670.

4 When and by whom granted; service of summons. The warrant may be granted by a judge of the court, or by any county judge, to accompany the sum

« 上一頁繼續 »