Lanning v. . Carpenter
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to establish and enforce an equitable lien upon the property of John Carpenter.
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Appeal from judgment of the General Term of the Supreme Court in the seventh judicial district, affirming a judgment in favor of plaintiff entered upon the decision of the court at Special Term. This action was brought to establish and enforce an equitable lien upon the property of John Carpenter. On the 14th of July, 1865, John Carpenter was indebted to certain banks in $5,000, secured by the indorsements of defendants, Benjamin Carpenter, Benson Smith, Rice Tompkins and I). J. Sunderlin. He was indebted to plaintiff $450, and was also indebted upon two notes indorsed by Sunderlin $1,000. It…
1Opinion of the Court
Earl, C.
It was agreed that the plaintiff should have a valid judgment against John Carpenter, which should be a lien upon his property, and this lien he could get only by docketing the judgment in the proper county. Both parties supposing Schuyler county to be legally organized and constituted as such, directed it to be docketed in the clerk’s office of that county, and it was thus docketed. It was subsequently ascertained that Schuyler county was not constitutionally organized, and hence that the judgment should have been docketed in the clerk’s office of Steuben county. I cannot doubt that…
2Cases cited1 opinion
- Hunt v. RhodesSupreme Court of the United States · 1828
3Cited by13 opinions
- Lee v. KeechCourt of Appeals of Maryland · 1926
- Dime Savings Bank v. BeecherAppellate Division of the Supreme Court of the State of New York · 1965
- Miller v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1902
- United States v. MillerDistrict Court, S.D. New York · 1975
- In re GoldbergNew York Supreme Court · 1964
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