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WILLIAM KNEAPLER, Appellant, v. SAMUEL BRAUFMAN, Doing Business under the Name of GOLD MEDAL COFFEE AND TEA COMPANY, et al., Respondents.

Order reversed on the law and the facts, with ten dollars costs and disbursements, the motion denied, with ten dollars costs, and the attachment reinstated. The affidavit of November 27, 1942, upon which the warrant of attachment issued, sufficiently complies with subdivision 3, section 903, Civil Practice Act, in that it makes a prima facie evidentiary showing of secretion of assets by defendants in fraud of creditors, and particularly in fraud of plaintiff. The merits of the controversy may not be determined on this motion. Hagarty, Carswell, Johnston, Adel and Lewis, JJ., concur.

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KNEAPLER v. BRAUFMAN
(Apr 26, 1943)