WINTER v. SCHWARTZ


33 Misc.2d 1061 (1962)

Clark B. Winter, as Treasurer of American Express Company, Plaintiff, v. Julius Schwartz et al., Individually, and Doing Business as Wholesale Electric Motor Co., Defendants.

Supreme Court, Special Term, Kings County.

April 23, 1962


Attorney(s) appearing for the Case

Samuel Sidney Venitt for plaintiff. Samuel M. Rivelson for defendants.


ANTHONY J. DI GIOVANNA, J.

In this action for fraud, plaintiff moves pursuant to subdivision 5 of section 826 of the Civil Practice Act, for an order of arrest of the two defendants prior to judgment. Said statutory provision specifies that such a remedy may be had in an action to recover damages for fraud, or deceit.

This action is one to recover as damages the sum of $13,990.25, representing the cost of purchases allegedly made by defendants...

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