Legal Opinion

Ex parte Schroeder

New York Supreme Court

Decided February 15, 1827PublishedCited by 4 opinions

3. T. Irving, first judge of the C. P. in the city and county of Neio-York, on the application of Hans Harms, granted an attachment against Schroeder, as an absent debtor, within the statute, (1 R. L. 157.) Harms, the creditor, at the time of suing out the attachment, was a citizen of Hamburg; not a resident of the state of New-v t , .r orle, nor domiciled here, nor in the United States ; but was transiently in New-York.

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3. T. Irving, first judge of the C. P. in the city and county of Neio-York, on the application of Hans Harms, granted an attachment against Schroeder, as an absent debtor, within the statute, (1 R. L. 157.) Harms, the creditor, at the time of suing out the attachment, was a citizen of Hamburg; not a resident of the state of New-v t , .r orle, nor domiciled here, nor in the United States ; but was transiently in New-York. Schroeder, the debtor, was then, and continues to be, a permanent resident of Charleston, South Carolina ; never resided in the state of New-York; and was esteemed solvent,…

1Opinion of the Court

Curia.

We think judge Irving was right in nolding that Schroeder was not indebted within this state. Unless this be so, the case is not embraced by the provisions *606of the statute in question. We cannot presume that the debt upon which Harms proceeded, was contracted in this state. For aught that appears, the debtor was never within our jurisdiction. Could even a resident creditor proceed by attachment here upon a contract made abroad ?

Fitzgerald's case, (2 Caines, 318,) is exactly in point; and has not been overruled or questioned, except so far as it denies the right of a foreign creditor to…

2Cases cited1 opinion

  1. In re FitzgeraldNew York Supreme Court · 1805

3Cited by4 opinions

  1. Watkins v. Trustees of the Richmond CollegeSupreme Court of Missouri · 1867
  2. Matter of BonnaffeNew York Court of Appeals · 1861
  3. Edward v. BonnaffeNew York Court of Appeals · 1861
  4. Bisbee v. LaneCircuit Court of the 15th Circuit of Michigan · 1870

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