
    PENOYAR et al. v. KELSEY et al.
    (Supreme Court, Appellate Division, Fourth Department.
    April, 1896.)
    Action by William V. Penoyar and another against William E. Kelsey 'and another.
   No opinion. Motion for reargument denied; and it is hereby certified that a question has arisen, under section 636 of the Code of Civil Procedure, which provides that an attachment may issue, viz.: “Where, for .the purpose of procuring credit, or the extension of credit, the defendant 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 acquiescence as to his financial responsibility or standing,”—whether an alleged false statement in writing by a debtor which does not come to the knowledge or notice of a creditor until after credit has been given to the debtor is sufficient to authorize the granting of a warrant of attachment under such provision. See 40 N. Y. Supp. 1147.  