Penniman v. Norton
New York Court of Chancery
This was an application, on the part of the complainants, for leave to proceed in this suit against the surviving defendants, notwithstanding the death of McNeil, one of the original defendants.
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This was an application, on the part of the complainants, for leave to proceed in this suit against the surviving defendants, notwithstanding the death of McNeil, one of the original defendants. The bill was filed in 1840, against Norton, Bartle and McNeil, three of the defendants, as the judgment debtors of the complainants, and against Dickinson and Halliday, the other two defendants, as fraudulent assignees of such judgment debt ors; to obtain satisfaction of the complainant’s judgment out of the property of such judgment debtors which could not be reach ed by execution, and to set aside…
1Opinion of the Court
The Chancellor.
Although it is stated, in the affidavit upon which this application is based, that all the judgment debtors were insolvent when the bill in this cause was filed, that affords no excuse for proceeding in the cause without bringing before the court those who have subsequently succeeded to their rights, in the property which they had at the commencement of the suit. If the defendants Norton and Bartle had no property, or effects, which could pass to the assignee in bankruptcy, subject to the claim of the complainant's to an equitable lien thereon, by the previous commencement of…
2Cited by2 opinions
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- Oliver v. CunninghamU.S. Circuit Court for the District of Western Michigan · 1880