Legal Opinion

Embree & Collins v. Hanna

New York Supreme Court

Decided November 15, 1809PublishedCited by 63 opinions

AT the last June sittings, in New-Tork, a verdict was J . . taken in this case, for the plaintiffs, for 250 dollars, and 3 8 . . cents, subject to the opinion of the court, on a case, con- . . i r n • r taming the tollo wing tacts : The defendant, a resident in Baltimore, was indebted to the plaintiffs, as partners, on book account, in the above sum.

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AT the last June sittings, in New-Tork, a verdict was J . . taken in this case, for the plaintiffs, for 250 dollars, and 3 8 . . cents, subject to the opinion of the court, on a case, con- . . i r n • r taming the tollo wing tacts : The defendant, a resident in Baltimore, was indebted to the plaintiffs, as partners, on book account, in the above sum. Previous to the commencement of this suit, the plaintiffs dissolved partnership ; and Collins, for a valúable consideration, assigned to Embree all his interest in the partnership property, including the above debt. Subsequent to the assignment,…

1Opinion of the Court

Kent, Ch. J.

delivered the opinion of the court. If the attachment had been conducted to a conclusion, and the money recovered of the present defendant, I think it could not have been made a question, whether that payment wuld not be a bar to the present suit. Nothing can be more clearly just, than that a person who has been compelled, by a competent.jurisdiction, to pay a debt once, should not be compelled to pay it over again. It has accordingly been a settled and acknowledged principle, in the English courts, that where a debt has been recovered of the debtor, under this process of foreign…

2Cited by63 opinions

  1. Williams v. . IngersollNew York Court of Appeals · 1882
  2. Chicago, Rock Island & Pacific Railway Co. v. SturmSupreme Court of the United States · 1899
  3. Barnsdall v. WaltemeyerCourt of Appeals for the Eighth Circuit · 1905
  4. Merrill v. New England Mutual Life InsuranceMassachusetts Supreme Judicial Court · 1869
  5. Harvey v. Great Northern Ry. Co.Supreme Court of Minnesota · 1892

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