Bank of the United States v. Merchants Bank
Supreme Court of Virginia
The Merchants bank of Baltimore being a creditor of the bank of the United States (incorporated by Pennsylvania), and experiencing great difficulty in the recovery of their debt, and the indebted corporation, though without this commonwealth, having effects here, a suit in equity was commenced in the superior court of chancery for the Richmond circuit, against the said corporation as debtors out of this commonwealth, and against others within the same, having in their hands…
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The Merchants bank of Baltimore being a creditor of the bank of the United States (incorporated by Pennsylvania), and experiencing great difficulty in the recovery of their debt, and the indebted corporation, though without this commonwealth, having effects here, a suit in equity was commenced in the superior court of chancery for the Richmond circuit, against the said corporation as debtors out of this commonwealth, and against others within the same, having in their hands effects of or otherwise indebted to the said absent debtors, and also against the said absent debtors as owners of lands…
1Opinion of the CourtAllen, J.
The preamble of the act directing the method of proceeding- against absent debtors recites, that creditors have experienced great difficulties in the recovery of debts due from persons residing without the jurisdiction of the commonwealth. Under this law, the plaintiffs in the court below sued out their foreign attachment against the bank of the United States; and the question is presented, whether the attachment lies against this corporation of another state ?
The remedy given by this statute is an innovation upon the common law, and, as has been frequently observed by the judges, liable to…
2Cases cited2 opinions
- Peter v. ButlerSupreme Court of Virginia · 1829
- Bushel v. Commonwealth InsuranceSupreme Court of Pennsylvania · 1827
3Cited by1 opinion
- Slaughter v. CommonwealthSupreme Court of Virginia · 1856