The attachment herein having been declared to have been improperly granted by decision handed down herewith, the order continuing injunction must be reversed and the injunction vacated without costs, but with disbursements to respondents.
Herman Stein et al., Resp’ts, v. Charles F. Levy et al., App’lts.
(Supreme Court, General Term, First Department,
Filed January 24, 1890.)
Injunction—Fbaud.
In an action for obtaining goods on credit by fraudulent representations an attachment was granted on an affidavit showing that the debtor had offiered to allow judgment to he entered in another action, on which all his property had been sold, and an injunction was also granted to restrain the payment of the proceeds of sale to the judgment creditor. The attachment having been set aside, Held, that the injunction fell with it.
Appeal from order of special term continuing an injunction against the defendant, Julius A. Levy, and an injunction against all the defendants, restraining the paying over to defendant, Charles F. Levy, as judgment creditor, the moneys realized under a sale and execution issued upon a judgment in his favor.
Fromme Bros., for app’lts; Benno Loewy, for resp’ts.
Case Details
29 N.Y. St. Rptr. 94
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