Spear v. Wardell
New York Court of Chancery
This case.came. before the. chancellor upon, an application of H. B. Wardell to dissolve an injunction; and upon a cross-motion, on the part of-the complainants,, for the appointment of a . receiver. The complainants were judgment creditors of Charles. & .Ghades E.Wardell, merchants, in New York, who failed for, about $200,000.; - which was • nearly seven- times the amount of the value of all their property and effects.
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This case.came. before the. chancellor upon, an application of H. B. Wardell to dissolve an injunction; and upon a cross-motion, on the part of-the complainants,, for the appointment of a . receiver. The complainants were judgment creditors of Charles. & .Ghades E.Wardell, merchants, in New York, who failed for, about $200,000.; - which was • nearly seven- times the amount of the value of all their property and effects. On the 5th,of November, 1846, a few days after the recovery, of. the judgment,, the complainants applied,to..C. &..C. E...Wardell, who had ¡bills, , notes, and -other…
1Opinion of the Court
The Chancellor.
The question-does not appear lo be presented in this case, whether the assignment made under and *294in pursuance of the 16th and 17th sections of the act to abolish imprisonment for debt and to punish fraudulent debtors, creates a trust for the exclusive benefit of the particular creditors upon whose application the warrant against the debtor has been issued. But as the whole claim of the complainants is based upon the supposition that after they had taken out a warrant, if they should succeed in obtaining an order for commitment, their judgment debtors must pay or secure the.…
2Cited by3 opinions
- Hall v. KelloggNew York Supreme Court · 1852
- In re PrimeNew York Supreme Court · 1847
- People Ex Rel. Harlow v. BanckerNew York Court of Appeals · 1851