EVYAN PERFUMES v. HAMILTON


20 Misc.2d 950 (1959)

Evyan Perfumes, Inc. et al., Plaintiffs, v. A. E. Hamilton, Doing Business as A. E. Hamilton Company, Consultants, Defendant.

Supreme Court, Special Term, New York County.

October 23, 1959.


Attorney(s) appearing for the Case

Townley, Updike, Carter & Rodgers (J. Howard Carter and Walter E. Shuttleworth of counsel), for plaintiffs.

Cally & Cally (James J. Cally of counsel), for defendant.


OWEN McGIVERN, J.

Motion to vacate order of arrest and cross motion (a) to increase bail and (b) to strike an affidavit are denied.

Where, as here, a motion to vacate an order of arrest is made on affidavits furnished by defendant, the court must "examine the affidavits and * * * dispose of the application according to the just preponderance of proof as contained in them. * * * Where the affidavits are directly contradictory and equally credible...

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