In re Negus
New York Supreme Court
Distribution of estate of absconding debtor. P. S. Sinnott sued out an attachment against I. Negus as an absconding debtor.
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Distribution of estate of absconding debtor. P. S. Sinnott sued out an attachment against I. Negus as an absconding debtor. The trustees appointed in the case, in adjusting the accounts and demands against the estate of the debtor, allowed to the attaching creditor the sum of $1876,79, as due to him for debts for which he was responsible, and which Negus had bound himself to pay, and also allowed to him $1000 as damages sustained by reason of the non-performance of certain covenants entered into by Negus with the attaching creditor. The commissioner who issued the attachment having made a…
1Opinion of the Court
The motion was heard by the Chief Justice, who delivered a full opinion upon the facts, as well as the law of the case; from Which opinion the following extracts are made :
The principal question in this case is, what demand, if any, has Sinnott against the estate of the absconding debtor? He is the attaching creditor, and to entitle him to institute these proceeding, he must be a creditor of Negus to the amount of $100 or upwards, and his demand must arise upon contract, judgment or decree. If he has a demand arising upon contract it is no objection that it is unliquidated, the statute giving…
2Cited by48 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Locke v. HomerMassachusetts Supreme Judicial Court · 1881
- Gage v. LewisIllinois Supreme Court · 1873
- Churchill v. HuntNew York Supreme Court · 1846
- Stout v. FolgerSupreme Court of Iowa · 1871
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