...arrest, based upon the provisions of sub. 4, of section 179 of the Code, which authorises such an order " when the defendant has been guilty of a fraud in contracting...incurring the obligation for which the action is brought." Defendants had for several years been bankers in New York City, doing an extensive j business. Plaintiffs...

...Burnett v. Setting, 9 Hun, 286. The provisions of the Code (subd. 4, § 179), authorizing an arrest when the defendant has been guilty of a fraud in contracting the debt or incurring the obligation upon which the action is brought, applies only to actual personal fraud on the pa'-t of the defendant,...

...breach of a contract, express or implied, other than a promise to marry ; where the defendant lias been guilty of a fraud in contracting the debt or incurring the liability; or has, since the making of the contract, or in contemplation of making the same, removed...

...taken, or with the intent to deprive the plaintiff of 'the benefit thereof; 4:. When the defendant baa been guilty of a fraud in contracting the debt, or...detention or conversion of which, the action is brought; or when the action is brought to recover damages for fraud or deceit ; The fact that one partner has...

...clerk, in the course of his employment as such, or by any other person in a fiduciary capacity. 3d. When the defendant has been guilty of a fraud in contracting...incurring the obligation for which the action is brought. 4th. "When the defendant has removed, concealed, or disposed of his property, or is about to do so,...

...of arrest was based upon the provision of the Code (sec. 179, sub. 4), authorizing an arrest " when defendant has been guilty of a fraud in contracting the debt or incurrin,: the obligation for which the action was brought." The affidavits upon which the order of...

...part thereof, iHto money, for the purpose of placing it beyond the reach of his creditors: (8) that sIn the same manner as if It were the location o (9) that the damages for which the action Is brought are for Injuries arising from the commission of...

...claim." Kentucky. — Bullitt'sCode( 1895)^153. Fraud. — " When the defendant has been guilty of fraud in contracting the debt or incurring the obligation for which the action is brought." California.— Code Civ. Proc. (1886), § 479, subs. 4. Idaho. — Rev. Stat. (1887), $ 4241, subs....

...it, though at the time h» did not know whether it were true or false.s7 $ 4008. Grounds of arrest. When the defendant has been guilty of a fraud in contracting...disposing of the property for the taking, detention, or con79 Hazlrtt v. Gill. 19 Abb. Pr. 353. sOBlrchell v. Straus, 28 Barb. 293; SC, 8 Abb. Pr. 53; Gaffney...

...therewith does not fall within the provisions of Hal. Code, § 5351, subd. 8, authorizing attachment, where "the defendant has been guilty of a fraud in contracting...incurring the obligation for which the action is brought." Appeal from Superior Court, Walla Walla County. — Hon. THOMAS H. BKENTS, Judge. Reversed. BL & JL...