Hubbell and Curran v. . Carpenter
New York Court of Appeals
Appeal from the general term of the Supreme Court, in the third district, where, on a rehearing, the decree of the court, at special term, in a creditor’s suit, had been reversed. (Reported below, ■ 5 Barb. 520, and, at special term, 2 Id. 484.) This was a creditors’ suit, commenced by bill, in the usual form, by Hubbell & Curran, the plaintiffs, to reach the choses in action, &c., of the defendant, Carpenter, against whom an execution had been returned unsatisfied.
Read the full summary
Appeal from the general term of the Supreme Court, in the third district, where, on a rehearing, the decree of the court, at special term, in a creditor’s suit, had been reversed. (Reported below, ■ 5 Barb. 520, and, at special term, 2 Id. 484.) This was a creditors’ suit, commenced by bill, in the usual form, by Hubbell & Curran, the plaintiffs, to reach the choses in action, &c., of the defendant, Carpenter, against whom an execution had been returned unsatisfied. On the 30th March 1843, the plaintiffs, Hubbell & Curran, recovered a judgment against one Joseph P. Ellis, for $843.68 and…
1Opinion of the CourtRuggles, C. J.
Assuming, but without deciding, thai the rights and obligations *arising out of the relation of principal and surety, continue to exist between the creditor and the surety, after the judgment against the latter; this case must, according to my view of it, be decided against the defendant, on the ground, that he voluntarily rejected the offer and abandoned the right of being substituted in the place of the creditor, and of having the benefit of his remedy against the principal debtor.
On the 23d of February 1844, Carpenter wrote to the complainants a letter, dated at Carthage, Jefferson county,…
2Cited by12 opinions
- Nelson v. First Nat. BankCourt of Appeals for the Eighth Circuit · 1895
- Boatmen's Savings Bank v. JohnsonMissouri Court of Appeals · 1887
- Boyd v. FinneganNew York Court of Common Pleas · 1870
- Bank of United States v. MoskowitzCity of New York Municipal Court · 1934
- Rapp v. MastenNew York Surrogate's Court · 1879
7 more not listed; retrieve them via the Exa API.