Besley v. Lawrence
New York Court of Chancery
This was an appeal, by G. Lawrence, one of the defendants, from a decree of the late vice chancellor of the seventh circuit.
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This was an appeal, by G. Lawrence, one of the defendants, from a decree of the late vice chancellor of the seventh circuit. The complainants were judgment creditors of J. Hasbrook, and an execution upon their judgment having been returned unsatisfied, they filed an ordinary creditor’s bill against him, before the vice chancellor of the seventh circuit, on the 15th of July, 1837, and the subpoena and injunction were served on the defendant in' that suit on the 18th of the same month. To that bill J. Has-brook put in an answer, to which a replication was filed; and proofs were taken in that…
1Opinion of the Court
The Chancellor.
Even if the complainants were right in supposing that they were entitled to have the $700 note, to the Bank of Salina, paid out of the proceeds of the property assigned to Wood and P. Hasbrook, so as to give them the benefit of the Adams bond and mortgage under the creditor’s bill, they were not entitled to any relief upon this original bill, to which their judgment debtor is not a party. If a decree had been obtained against J. Hasbrook in the creditor’s suit, an original bill, in the nature of a supplemental bill, might perhaps have been filed, setting forth such decree,…
2Cited by16 opinions
- In re BatesIllinois Supreme Court · 1886
- Averill v. LoucksNew York Supreme Court · 1849
- Strong v. SkinnerNew York Supreme Court · 1848
- Campbell v. VedderNew York Court of Appeals · 1866
- American National Bank v. BranchSupreme Court of Kansas · 1896
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