Holmes v. Remsen
New York Court of Chancery
ISAAC CLASON, of the City of Neiv- York, merchant, died in February, 1815, and the defendants are his executors. In his life time, he was indebted to Frederick Mullett, of London, in the sum of 2,665/. Is. 10c?. sterling, being the admitted balance of an account between them.
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ISAAC CLASON, of the City of Neiv- York, merchant, died in February, 1815, and the defendants are his executors. In his life time, he was indebted to Frederick Mullett, of London, in the sum of 2,665/. Is. 10c?. sterling, being the admitted balance of an account between them. On the 7th of August, 1816, a warrant of attachment was issued against all the estate, real and personal, &c. of F. M. as an absent debtor, under the act for relief against absent and absconding debtors, passed the 27th March, 1801: (24 sess. c. 49. 1 JY. R. L. 157.) Notice of the attachment was published on the 8th of…
1Opinion of the Court
The Chancellor.
This is a bill filed by the trustees of Mullett, an absent English debtor, to compel payment of a debt due to him from the defendants, as executors of Clason. The defendants admit the original debt, and assets, and the character of the plaintiffs, as trustees, duly appointed under the act for relief against absconding and absent debtors. But they set up in their answer two grounds of defence : (1.) That assets of their testator, in the hands of Baring, Brothers, &/• Co. of London, to the amount of the debt, were attached in the Lord Mayor’s Court of London, at the suit of the…
2Cited by36 opinions
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Veazie v. WilliamsSupreme Court of the United States · 1850
- Holmes v. RemsenNew York Supreme Court · 1822
- Andrews v. HerriotNew York Supreme Court · 1825
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
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