Ketchum v. Durkee
New York Court of Chancery
This was an appeal by the defendant E. C. Durkee, from a decree of the late assistant vice chancellor of the first circuit. S. O.-Durkee, one of the defendants, previous to the 2d of April, 1839, was in business in Schenectady as a grocer, and then had goods on hand to the amount or value of $975. The capital with which the business had been carried on, with the exception of $50, had been advanced in property or loaned to him in money by his brother E. C. Durkee.
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This was an appeal by the defendant E. C. Durkee, from a decree of the late assistant vice chancellor of the first circuit. S. O.-Durkee, one of the defendants, previous to the 2d of April, 1839, was in business in Schenectady as a grocer, and then had goods on hand to the amount or value of $975. The capital with which the business had been carried on, with the exception of $50, had been advanced in property or loaned to him in money by his brother E. C. Durkee. And the amount then due by him to the latter was about $1100. On the 2d of April, 1839, S. O. Durkee took into copartnership with…
1Opinion of the Court
The Chancellor.
The testimony in this cause shows that the whole value of the property assigned to Meeker and Johnson, and which was not bound by the appellant’s execution, is entirely insufficient to pay the creditors who are preferred in the assignment, of whom the appellant is not one. He is not interested, therefore, in any part of the decree,, except that part of it which affects his right to the fund arising from the sale of the property which had been levied upon, by virtue of his execution. And if the other part of the decree is erroneous, the assignees are the proper parties to…
2Cited by9 opinions
- Morgan v. SkidmoreNew York Court of Appeals · 1870
- Sage v. ChollarNew York Supreme Court · 1855
- In re CookDistrict Court, W.D. Wisconsin · 1871
- In re CorbettDistrict Court, D. Nevada · 1878
- Scott v. GuthrieThe Superior Court of New York City · 1863
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