Oakley v. Aspinwall
New York Court of Appeals
Appeal from the superior court of the city of New-York, where the action was on a bond executed by the defendants to [516] the plaintiff, dated January 10, 1838, according to § 55 of the statute concerning attachments against non-resident debtors. (2 B. S. 12.) The plaintiff had obtained an attachment against John "W. Baker and John Young as non-resident debtors, and the bond in question was given in order to procure a discharge of such attachment.
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Appeal from the superior court of the city of New-York, where the action was on a bond executed by the defendants to [516] the plaintiff, dated January 10, 1838, according to § 55 of the statute concerning attachments against non-resident debtors. (2 B. S. 12.) The plaintiff had obtained an attachment against John "W. Baker and John Young as non-resident debtors, and the bond in question was given in order to procure a discharge of such attachment. It was conditioned that the obligors therein would pay the amount justly due and owing by said Baker and Young, “ on account of any debt claimed…
1Opinion of the Court
Bronson, Ch. J.
The plaintiff applied for and obtained the attachment on a petition and affidavit sworn to by him, stating that Baker & Young were indebted to him in a specified sum of money “ arising upon a certain judgment” against them in his favor. Baker got the attachment discharged on giving a bond, with a condition to pay the amount justly due by Baker & Young to the plaintiff “ on account of any debt so claimed and [518] sworn to by him.” This is an action on the bond ; and one question is, whether the plaintiff has proved that he had a debt against Baker & Young “ arising upon a…
2Cases cited10 opinions
- Starbuck v. MurrayNew York Supreme Court · 1830
- Jackson ex dem. Simmons v. ChaseNew York Supreme Court · 1806
- Steel v. SmithSupreme Court of Pennsylvania · 1844
- Mervin & Goldsmith v. KumbelNew York Supreme Court · 1840
- Carman v. TownsendCourt for the Trial of Impeachments and Correction of Errors · 1830
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Rigney v. . RigneyNew York Court of Appeals · 1891
- Blackburn v. SweetWisconsin Supreme Court · 1875
- Ratchford v. Covington County Stock Co.Supreme Court of Alabama · 1911
- Nolan v. McNameeWashington Supreme Court · 1914
- Lane v. SalterThe Superior Court of New York City · 1866
6 more not listed; retrieve them via the Exa API.