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Smith v. Wessel

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1945
269 App. Div. 1057 (N.Y. App. Div. 1945)

Opinion

December 17, 1945.


Action to recover a sum of money advanced by the plaintiff's assignor to the defendant under circumstances involving fraud in the contracting or incurring of the liability. The order appealed from denied defendant's motion to dismiss the amended complaint and to vacate the warrant of attachment. However, it granted defendant's motion to increase the amount of security, which was done to the extent of making it $2,000. Defendant appeals from the order insofar as it denied the vacatur of the warrant of attachment and also from that portion of the order that increased the amount of the security, on the ground that the increase was insufficient. Order, insofar as appealed from, affirmed, with $10 costs and disbursements. No opinion. Hagarty, Acting P.J., Carswell, Johnston, Adel and Lewis, JJ., concur.


Summaries of

Smith v. Wessel

Appellate Division of the Supreme Court of New York, Second Department
Dec 17, 1945
269 App. Div. 1057 (N.Y. App. Div. 1945)
Case details for

Smith v. Wessel

Case Details

Full title:CYNTHIA SMITH, as Assignee of MARGUERITE B. MILES, Respondent, v. WILLIAM…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Dec 17, 1945

Citations

269 App. Div. 1057 (N.Y. App. Div. 1945)