the like effect as upon granting an original order. The persons executing the new undertaking become liable thereon as if they had executed it upon the granting of the original order. The persons who executed the original undertaking remain liable thereon until the new undertaking is given and approved, and no longer. Upon such hearing the court or judge, [if] the alleged wrong or injury is not irreparable and is capable of being adequately compensated for in money, may vacate the injunction order upon the defendant's executing an undertaking in such form and amount and with such sureties as the court or judge shall direct, conditioned to indemnify the plaintiff against any loss sustained by reason of vacating such injunction order.

Source CCP § 629 unchanged-Revisers' Note. Star (*) means read Not into note heading. Compared with-Method of vacating other provisional remedies, CCP § 772 (McCarthy 13 Hun 579).

New undertaking required-Judgment by referee dismissing complaint appealed (Disbro 37 How 147).

To whom application to vacate made-Court hearing application to vacate or modify injunction order (Metropolitan Ry Co 65 How 277). Injunction vacated upon giving bond-Irreparable injury not appearing, injury to personal property recoverable at law (Smith 174 NYS 751) and no multiplicity of actions, railroad grade crossing (DL&WRCo 43 AD 621, 60 NYS 386). Rail roads, laying street tracks (Thayer 15 AbNC 52).

Bond to vacate sufficient-No indemnity for excavating and removing earth from street (Chamberlain 31 Hun 339).

Grounds for vacation-Dismissal of complaint (Hoyt 7 How 140). Irreparable injury, none shown (Smith 174 NYS 751) nor multiplicity of actions (DL&WRCO 43 AD 621, 60 NYS 386). *Violation of law by corporation, payment of dividends on illegal stock (Williams 65 How 326, rvd 48 NYS 349).

Affidavit sufficient-*Opinion, not facts, as to adequacy of damages (Metropolitan 65 How 277). Action on vacation bond barred-*By second injunction (DeCamp 33 AD 517, 53 NYS 1035). Items of damages on bond to vacate-Loss for tollage on defendants logs (DeCamp 33 AD 517, 53 NYS 1035).

§ 901. Effect of verified answer. Upon the hearing of a contested application for an injunction order, or to vacate or modify such an order, a verified answer has the effect only of an affidavit.

Source CCP § 630 unchanged-Revisers' Note. Star (*) means read Not into note heading. Compared with-CCP § 772, method of vacating other provisional remedies (McCarthy 13 Hun 579).

Answer sufficient-*Upon information and belief of all material facts alleged in complaint (Rome W&OTRCO 46 Hun 149). *Dissolution of partnership (McEncroe 58 How 250).

Section

ARTICLE 54

ATTACHMENT; WHEN ALLOWED; OBTAINING WARRANT

902. In what actions attachment of property may be had.

903. What must be shown to procure warrant of attachment.

904. Warrant in action for peculation and deceit.

905. Service of summons, if warrant previously granted.

906. Papers to be filed.

907. Terms of undertaking on obtaining warrant.

908. Security not required in certain actions for peculation and deceit.
909. Issuance and attestation of warrant.

$10. Contents of warrant; to whom directed,

911. Validity of undertaking.

§ 902. In what actions attachment of property may be had. 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 a tax or as damages for one or more of the following

causes:

1. Breach of contract, express or implied, other than a contract to marry.
2. Wrongful conversion of personal property.

3. An injury to person or property in consequence of negligence, fraud or other wrongful act.

4. A wrongful act, neglect or default by which the decedent's death was caused, when the cause of action arose in this state before or after the passage of this act and the action is brought by an executor or administrator against a natural person who, or a corporation which, would have been liable to an action in favor of the decedent by reason thereof if

death had not ensued.

Source CCP $ 635 unchanged-Revisers' Note. Star (*) means read Not into note heading. Attachment in an action-Concurrent service of summons and warrant of attachment sufficient (American 44 Hun 85). Issue of attachment and summons against foreign corporation marks commencement of action (ImportChemicalCo 158 NIS 411).

Jurisdiction not dependent on plaintiff's right to recover-Depends on form of action and other facts authorizing issuance of process (VanCamp 147 NY 150).

Attachment not timely-Application in action on contract without giving_defendant reasonable opportunity to perform (Smadbeck 4 CivP 353). Who may not obtain-Creditor, ignorant when credit extended of false statement of debtor as to his fina cial ability alleged as ground for attachment (Penoyar 150 NY 77).

Whose property attachable *Domestic corporation under warrant issued by city court (Granieri 56 Mis 121, 106 NYS 1107). Executor action for debt contracted by him as such, not debt of decedent (Wickham 9 NYS 803), value of property converted and not accounted for (Van Camp 147 NY 150). National bank: insolvent or about to become so (NatShoe&LeatherBank 89 NY 467), *solvent (Van Reed 173 NY 314). *President of unincorporated association in action against him as such (Mertz 13 AD 222. 43 NYS 217). *Trustee, to compel him to account and pay over sums due (Thornington 101 NY 5). Actions in which had-*Against heir on ancestor's note to charge real estate of ancestor in heir's hands (Avery 119 AD 698, 104 NYS 290, rvg 52 Mis 297, 102 NYS 955). Breach of contract express or implied, action agai st nonresident (Lyon 19 Hun 299). Conversion (Thompson 8 NYS 62). *Equitable action by shareholder to recover for corporation moneys be longing to it and diverted by defendant (Shiel 59 F 992). *Foreclose mortgage (Smyth 10 Mis 391, 174 NYS 197). Fraud in obtaining goods (Thompson 8 NYS 62; *Wittner 27 Hun 234). On note and to foreclose securities (Hamilton 29 Hun 265). Price of goods sold (Thompson 8 NYS 62). Several causes of action stated, some not belonging to any class to which remedy available (Union 9 Hun 208). Specific performance or for possession of specific property (Olsen 230 NY 31). Theory of action immaterial where remedy available on any possible theory (Thompson 8 NYS 62).

Breach of contract-Action by: broker against his former employee to recover commissions earned which employed for which employee after leaving employment, had secured judgment but which had not yet been paid (Murphy 142 AD 777, 127 NYS 609), firm creditor against partners, causes of action on notes. for goods sold and for rent (Edick 38 Hun 202), joint advertising to recover money due him and associates (Friede 266 1 131). Alimony (Grevell 32 Mis 279, 65 NYS 974). Chattel mortgage, contract to execute as additional security for payment due on real es tate mortgage (Kelderhouse 82 Mis 365, 143 NYS 741). Commission of broker (Cutietta 127 NYS 297). Corporate indebtedness evidenced by coupons and scrip certificates (Seeley 39 F 252). Costs of former action (Remington PaperCo 32 Hun 255; White 2 NYS 673; Remington 6 CivP 79). Draft (Colcord 191 AD 94, 180 NYS 852). subsequently dishonored (EquitableTrustCo 102 Mis 429, 169 NYS 932). Foreign corporation, action against, contract must have been made within state or relate to property in state (Pv St Nicholas Bank 44 AD 313, 60 NYS 719). Goods sold and delivered (DainsSonsCo 137 AD 857, 12: NYS 964; Alford 28 Hun 22: Thompson 8 NYS 62), tho sale induced by fraud (Whitney 39 Hun 325; Whitney 9 CivP 249; Whitney 3 HowNS 172), allegation that cause of action in sale and delivery of merchandise without alleging that it was in fact sold and delivered (Mitchell 6 NYS 118). Indemnity against particular claim (Hunt 52 AD 539, 65 NYS 386). Judgment

(Gutta Percha 20 AbNC 218), for money, whether recovered for a tort or upon contract (Gutta Percha MfgCo 108 NY 276), if recovered in contract action (Gutta Percha 12 CivP 326), of court of another state (Nazro 36 Hun 296). *Materialman's claim against owner, no evidence that the owner satisfied of correctness (Booth 57 NYS 1066). Money advanced by broker on principal's account (Cutietta 127 NYS 297), had and received tho complaint contains words "conversion" and "misappropriation" (Foote 55 AD 617. 67 NYS 368), lent, agreement to pay $1000 and 5 per cent of profits on sale of inventions in consideration of (Labalt 4 NYS 819), paid on forged promissory notes (Hodgman 14 NYS 574). Services (Barbrick 184 AD 160, 171 NYS 447), in manufacturing articles and delivery of same (Hilborn 145 AD 442, 129 NYS 957), of attorney (Fire 141 NYS 294), *quantum meruit, demand and refusal of payment not shown (Smadbeck 4 CivP 353; Smadbeck 66 How 221). Unite all claims under one contract and also those under any subordinate or incidental contract (Roth 35 Mis 509, 71 NYS 1080). Warranty of goods sold (Haebler 115 NY 459; Calmon Asbestos&RWorks 141 AD 198, 126 NYS 120; Haebler 4 NYS 873).

Conversion-Action against executor, after removal, for value of property converted and not accounted for (VanCamp 147 NY 15)). *Complaint affirmatively shows no conversion, but at most an injury to property, and it appears affirinatively that plaintiff did not own property (Dudley 115 AD 380, 100 NYS 818). Fraudulent: purchase of goods when insolvent with intent not to pay for them (Gladke 35 Hun 473), representation as to credit in purchasing and appropriating goods (Stein 55 Hun 381, 8 NYS 505). Recover money embezzled, attachment sought to reach property bought with such money (Jonasson 126 AD 827, 111 NYS 69). Removing hay belonging to plaintiffs out of state without plaintiff's consent and without paying therefor (In galls 172 NYS 210). Selling property of another and converting proceeds to own use (Zeigler 68 Hun 177. 22 NYS 812).

Personal injury-Amendment by laws 1895. c 5% § 1 retroactive (Rouge 15 Mis 36, 36 NYS 436). Alienation of affections of husband (Rouge 15 Mis 36, 35 NYS 836). Former rule, no attachment (Clarke 21 Hun 594). Libel (Davis 1 AD 403, 37 NYS 163). Negligent labeling of poisonous gases sold and subsequently purchased by plaintiff (Taintor 33 Mis 720, 68 NYS 980, afd 62 AD 617, 71 NYS 1149).

Property injury-Advances made on faith of forged bills, notes and acceptances (Bogart 25 Hun 395). Credit extended in reliance on fraudule t representations (CampionCard&PaperCo 47 Hun 237). *Death of plaintiff intestate (James 60 AD 75, 69 NYS 680). *Disposal of property by insolvent debtor (Freeman 1 StR 728). ligent injury to personalty (Penfield 134 US 351). Sale, contract by defendant to purchase property, rescinded by plaintiff before goods came to defendant's possession, subsequent fall in market and consequent loss by plaintiff in his goods (Roome 19 NYS 825).

Neg

Successive attachments-Priority determined by dates of issuing attachments, not of obtaining judgments (VanCamp 147 NY 150).

Applicable-To action to foreclose chattel mortgage under Consol. Laws 1909, c 33, § 207 (Faraci 154 AD 303. 138 NYS 961; PxMehlin 80 Mis 38, 141 NYS 296), as to matters of practice only (Coiro 158 AD 591, 143 NYS 853).

Attachment enjoined Attachment suits commenced in New York by nonresident creditor suing in name of New York resident may be enjoined by foreign court on application of other nonresident creditors and on ground that attachment suit is in fraud of creditors (Cole 133 US 107).

Cited but not applied-Stoiber 44 Hun 70; Ahlhauser 57 F 121).

8903. What must be shown to procure warrant of attachment. To entitle the plaintiff to such a warrant, he must show that [a cause] of action specified in the last section

exists against the defendant, [and,] if the action is to recover damages for breach of contract, that the plaintiff is entitled to recover a stated sum, over and above all counterclaims known to him. [He must also show] that the defendant

1. Is either a foreign corporation or not a resident of the state; or

2. If a natural person and a resident of the state, 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

3. If a natural person or domestic corporation, 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 if the defendant is a domestic corporation that no person can be found within the state after diligent effort, upon whom a summons can be served; or

4. 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 acquiescense, as to his financial responsibility or standing, [for the purpose of procuring credit or the extension of credit;] or

5. [If] an adult and a resident of the state, has been continuously without the state for more than six months next before the granting of the order of publication of the summons against him and has not made the designation, [provided for by statute,] of a person upon whom to serve a summons in his behalf, or a designation so made no longer remains in force, or service upon the person so designated cannot be made within the state after diligent effort.

Source CCP $ 636, omitting provision that required proof be made by affidavit-Revisers' Note. Bracketed matter is new.

Star (*) means read Not into note heading. Affidavit must show facts specified-Hellwig 109 Mis 183, 178 NYS 315.

Specified cause of action necessary-Affidavit must show cause of action within § 902 (Catlin 91 NY 668; James 60 AD 75, 69 NYS 680; Stoiber 44 Hun 70; Ahlhauser 57 F 121).

Specified cause of action sufficient-Facts must be stated (James 60 AD 75, 69 NYS 680). Goods sold, failure to state: *agreed price (Swift 162 NYS 136), agreement of parties as to price (Pomeroy 27 Hun 242), *fact of sale and delivery (Pomeroy 27 Hun 242; Swift 162 NYS 136; Mitchell 66 NYS 118). Must be not merely alleged, but shown to satisfaction of judge with reasonable certainty (Auerbach 177 F 458). Several causes some not within § 902 (Union 9 Hun 208). *Statement that cause of action arises on indorsement and transfer of one-half interest of a promissory note (Barkley 168 AD 110, 153 NYS 923). Words equivalent to those of statute (Edick 38 Hun 202).

Right to stated sum above all counterclaims necessary Thornington 101 NY 5; Ahlhauser 57 F 121. Omission: fatal defect (Lyon 19 Hun 299), renders attachment void ab initio (Donnell 21 Hun 216).

Stating sum over counterclaims sufficient-Roth 35 Mis 509, 71 NYS 1080; Thompson 8 NYS 62; DavidMayer BrewCo 172 NYS 886. *Affiant is informed and believes that there is a claim for such an amount due from defendant to plaintiff above all counterclaims (Lee 2 NYS 864). Agent's affidavit: affiant knew sum stated to be own counterclaims, also shown that agent alone participated in transaction (Gribbon 35 Hun 541), no personal knowledge of facts and source of information and belief not disclosed (MarineNat Bank 35 Hun 395), omit words "known to him" (Bates 15 AbNC 480), set forth full particulars of transaction as within own knowledge, and state that sum is due to plaintiff above all counterclaims known to affiant to plaintiff (Mallary 15 AbNC 347, 1 HowNS 316, 7 CivP 287), *state sum over counterclaims known to affiant (Smith 33 Hun 484; Murray 30 Hun 37), unless it appears that agent had personal knowledge of the sum being over counterclaims, or sources of his information and belief are shown (Buhl 41 Hun 61). All counterclaims known to deponent (Salser 30 NYS 527). Amount of indebtedness with Interest from certain date stated as amount plaintiff entitled to recover above all counterclaims

(Hamilton 29 Hun 265). *Argumentative (Hud-
son 191 AD 573, 181 NYS 729). Assigned claim,
state sum over all counterclaims known to as
signee (McMahon 159 AD 640, 144 NYS 841:
Brewer 146 AD 724, 131 NYS 487; Dolbeer 17
NYS 184). *Attorney's affidavit on information
and bellef, sources not shown (Jordan 7 CivP
411). Breach of contract to dye skins, total loss
alleged and facts sufficient for computation of
damages given (Kahn 140 AD 492, 125 NYS
333). *Conclusions and not facts stated (Liv
ingston 25 Mis 119, 53 NYS 1083). Corporation
plaintiff: affiant state amount demanded is_due
over all counterclaims known to him (Globe Yarn
Mills 21 NYS 2), officer state facts as of his
own personal knowledge, tho not state that he
was officer at time debt was incurrel (Barstow
StoveCo 81 Hun 564, 30 NYS 1033:, president
State sum due over all counterclaims known to
him (Central Natl Bank 24 NYS 340), secretary
state facts as within his own personal knowledge
(BlissCo 15 NYS 6). *Data sufficient to com-
pute amount due not given (Bloomingdale 35 AD
360, 54 NYS 924). Default application for at-
tachment made after, when plaintiff entitled to
judgment for full amount sued for (FirstNatBank
6 NYS 318). *Excessive claim by asserting wrong
measure of damages (Smith 26 Mis 151, 56 NYS
783). *Facts alleged not shown right to recover
any specific sum (Thornington 101 NY 5). Fixed
sum above all counterclaims kaown to deponent
(Barton 1 HowNS 276). "Giving defendant all
proper credits" certain sum "justly due or owing"
(Hart 22 NYS 296). Goods sold and delivered
amount stated due over all counterclaims and
no part has been paid (Buell 119 NY 100).
right to recover definite sum shown (Kelderhouse
82 Mis 365, 143 NYS 741). No setoffs exist
and sum stated over counterclaims due (Crowns
51 Hun 204, 4 NYS 324). Nominal damages
extent of right shown (Romeo 21 Mis 166, 47
NYS 91, afd 25 AD 191, 49 NYS 114; Haebler
4 NYS 783). Omit: "known to him" (Lamkin
27 Hun 517; Bates 15 AbNC 480), "over and
above all counterclaims" (McGinley 124 AD 324.
108 NYS 888). One coplaintiff state sum due
as over counterclaims known to him (Acker 3
HowNS 160). Over all setoffs or counterclaims
known to plaintiff (Rickerson 26 Mis 383, 56
NYS 202). Over and above all discounts and set-
offs (Alford 28 Hun 22). Partnership plaintiff.
sum due over and above all counterclaims known
to affiant, member of firm (Doctor 2 HowNS 52,
7 CivP 144). *Plaintiff entitled to recover sum
stated (Ruppert 87 NY 141). Rendition of ac-
count need not be alleged (Sperry 17 NYS 740).

*No

Right to recover: *amount claimed not alleged (Mitchell 66 NYS 118), not shown with sufficient certainty (Prentiss 193 AD 672, 184 NYS 558). Sale, action for nonacceptance of goods state contract price but not market price (Netter 140 AD 287, 125 NYS 141). Several distinct claims, need not allege as to each item that there is no counterclaim (USNet&TwineCo 18 NYS 147). *Services, facts showing character and value not stated (Barbrick 184 AD 160, 171 NYS 447). Sum stated as due to plaintiff and others not joining in suit (Friede 266 F 131). *Uncertain affidavit (Marinette 13 NYS 426). *Unless show amount claimed is, presumptively at least, owing to plaintiff (McLoughlin 69 NYS 871). *Unliquidated damages: extent of right shown (DuryeaWatts&Co 11 Mis 294, 32 NYS 247), facts justifying recovery of sum stated shown, tho damages speculative (Schreiber 168 AD 60, 153 NYS 878), facts necessary for computation not given (Frusher 148 AD 68, 131 NYS 994), state facts from which computation can be made (Levenson 95 AD 94, 88 NYS 507), *state no facts to substantiate demand to extent of sum stated claimed (ChazyMarble&LimeCo 88 AD 150, 84 NYS 396), *unless show prima facie ground for recovery to extent claimed (Ingall StoneCo 136 AD 142, 120 NYS 168). *Value of property injured not stated (Dudley 115 AD 380, 100 NYS 818). Valid claim to extent to which attachment sought (Cutietta 127 NYS 297).

Foreign corporation-Affidavit must show contract with foreign corporation was made in state or with reference to property within state when contract was made (PvSt Nicholas Bank 44 AD 313, 60 NYS 719). Allegation that defendant holds itself out to be a foreign corporation insufficient (Shanks 89 Hun 486, 35 NYS 385). Subject to attachment (Southwick 7 Hun 96), tho authorized to transact business in New York (Poentiss 193 AD 672, 184 NYS 558), tho solvent (Robinson 19 Hun 477).

Nonresident-Absence from state sufficient, tho domicile in state (McKinlay 1 HowNS 282). Actual place of abode, not legal domicile, controls (HanoverNatBank 69 Hun 308, 23 NYS 529: Irwin 58 Mis 319, 110 NYS 1100; Rosenzweige 30 Mis 297, 63 NYS 447, afd 52 AD 631, 65 NYS 1144). Actually ceasing to dwell in state for uncertain period without definite intention as to any fixed time of returning sufficient, tho general intention to return it sometime in the future may exist (WeitKamp 11 CivP 36). Affidavit: of plaintiff's attorney that he had learned of nonresidence of defendant during litigation sufficient in absence of denial (Campbell 115 AI 385. 100 NYS 783), must show either (1) residence of plaintiff or (2) contract made within state, or (3) cause of action arose therein (Adler 19 NYS 885). Allegations by officer of plaintiff corporation on information and belief supported by 'affidavits of informants sufficient (Anthony&Co 53 AD 200, 65 NYS 806). Averments of nonresidence on plaintiff's personal knowledge not sufficient where no facts stated from which court can infer that plaintiff had knowledge (James 60 AD 75, 69 NYS 680). Business in state not residence (Wallace 68 NY 370), other state not nonresidence (Cousins, 135 AD 779, 119 NYS 899). Evidence: justifying presumption that residence in state abandoned sufficient (GothamNatl Bank 167 AD 271, 152 NYS 654), sufficiently as affecting rights of successor attaching creditors (Corn ExchBank 57 NYS 458) sufficient to establish residence in state (Aetna NatlBank 142 AD 444. 126 NYS 970). Ground for attachment (Fielmann 2 Hun 354; Barsotti 157 NYS 844: Penfield 134 US 351). Letters from defendant from out of the state: not establish nonresidence (Severn 161 NYS 340), saying that he does not intend to return unless he can get a contract and that he will go to another place out of state and stay there if ne can get work not sufficient (Doheny 75 AD 47. 77 NYS 959). Meaning of term (Bushnell 13 NYS 695). Mere sojourn abroad not nonresidence (Bodine 140 NYS 118). Partnership: nonresitence of one partner does not authorize attachment against firm property where other partner emains in state and continues the business (Bo

gard 25 Hun 395). Positive allegation of nonresidence sufficient tho place of residence stated on information and belief without giving sources of information (Steel 13 NYS 664). Procuring payment within state under a contract, if done without deceit, does not bar the person doing it from attaching money paid, belonging to nonresident (Condon WrappingMachCo 181 AD 311. 168 NYS 718). Service of summons out of the state required (Martin 3 NYS 82). Departing from or concealing within state sumcient-Allege defendant a resident of state and keeps himself concealed therein with intent to defraud creditors to avoid service of summons (Williams 88 Hun 372, 34 NYS 826). "Avoids service of summons" (Galligan 18 Mis 428, 42 NYS 22). Corroborating circumstances as to absconding (Stewart 62 AD 182, 70 NYS 936). *Go away to get work (Doheny 75 AD 47, 77 NYS 959). *Honest intent, facts consistent with (BreakstoneBros BronxBranch Inc 94 Mis 171, 157 NYS 898; Millang 90 Mis 638, 153 NYS 944). Insane when left state (Chambers&McKeeGlass Co 4 AD 20, 38 NYS 301). Place of business: *absent from (Millang 90 Mis 638, 153 NYS 944), *not found at, for two successive days (Head 6 NYS 916). Words of statute (Garson 75 Hun 336, 26 NYS 1003).

Removed or about to remove to defraud sufficient -Conclusions and not facts stated (Rockfall Apartments 153 NYS 979). *Domestic corporation, action against in city court of New York (Mershon 4 ČivP 319). Dispose of property with knowledge of insolvency (Freeman 1 StR 728). Give up business and engage passage to foreign country (O'Rourke 193 AD 494, 184 NYS 845). Remove: intent to defraud not shown (Dickey 177 AD 861, 164 NYS 989), plaintiff's hay out of state without his consent and without paying therefor (Ingalls 172 NYS 210). Unless facts necessarily tending to establish probability of fraud affirmatively shown (O'Rourke 193 AD 494, 184 NYS 845).

Assigned disposed of or secreted or about sufficient Abscond and convey lands to sister (Lacker 38 AD 75, 55 NYS 979). Actual intent to defraud not shown (Millang 90 Mis 638, 153 NYS 944). *Advertise property for sale at one fourth its value (Fox 46 AD 1, 61 NYS 295). Allegations sufficient to show fraudulent disposition of property (Rickerson 26 Mis 383, 56 NYS 202). Assign property as part of plan to coerce creditors to compromise claims (Natl ParkBank 104 NY 297). *Assignment invalid against creditors, actual fraud not shown (Milliken 26 Hun 24). Chattel mortgage: made to one to whom judgment confessed on debt not due, and property immediately taken on execution, defendant knowing his insolvency at time (Jaffray 10 NYS 280), not files (LukensIron & SteelCo 13 AD 11, 43 NYS 376). Confess judgment to wife, and sell all defendant's property thereunder for less than amount thereof (Thomas 11 NYS 436). *Constructive fraud only shown (Millang 90 Mis 638, 153 NYS 944). Contradictory allegations. disposed of all and about to dispose of remainder (Schavrien 155 NYS 365). Corporation: apply for receiver (Shuler 17 AD 228, 45 NYS 725), *individual property of officer (Central Natl Bank 24 NYS 640), president misappropriate corporate funds to his own use (Shuler 17 AD 228. 45 NYS 725). Disnose of property: in any way with intent to defraud creditors (Rinchey 28 NY 45). *not Individual property of defendant (Empire Warehouse Co 32 NYS 861). Divert check, fraudulent (Wildman 60 Hun 443, 14 NYS 914). Facts consistent with honesty (Shuler 17 AD 228. 45 NYS 725). honest dealing and purpose (MohlmanCo 87 AD 83, 83 NYS 1073). Fraud: not shown (Anderson 191 AD 573, 181 NYS 729; Ribak 155 NYS 408), to be shown by evidence sufficient to sustain action based on fraud (WestSideBank 20 NYS 766). Fraudulent intent not shown (Krotosky 169 AD 850. 155 NYS 625). *Give chattel mortgage reserve power to sell without accounting for proceeds or reducing debt (PflukeCo 42 Mis 15. 85 NYS 541). *Inconsistent statements "assigned and about to assign" (Johnson 20 NYS 566). Obtain credit by representing prosperous, few days later confessing judgments ag