Legal Opinion

Kanouse v. Dormedy

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1846PublishedCited by 4 opinions

On error from the supreme court, to review a judgment affirming one rendered by the court of common pleas of the city and county of New-York.

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On error from the supreme court, to review a judgment affirming one rendered by the court of common pleas of the city and county of New-York. In the last mentioned court, Dormedy sued Kanouse and Whigam in debt on a bond executed by the defendants, pursuant to 2 R. S. 12, §§ 55, 56, for-the purpose of discharging an attachment which had been issued at the instance of the plaintiff, against Kanouse, as an absent debtor, Whigam executing the bond as surety. 'It was in the penalty of $240, conditioned for the payment to each attaching creditor of “ the amount justly due by such debtor to him at…

1Opinion of the Court

The Chancellor.

This suit, in the court of common pleas, was brought on a bond given by Kanouse and Whigam to Dormedy, upon the discharge on an attachment against Kanouse as a non-resident debtor. The statute authorizes such an attachment where the debt was contracted in this state, or where the same is due to a creditor residing within this state at the time of the application, although the debt was contracted elsewhere. In this case, it appeared that Kanouse resided at Jersey City, and it is fairly to be inferred from the testimony that the debt was contracted there. But there was no…

2Cases cited5 opinions

  1. Ring v. GibbsNew York Supreme Court · 1841
  2. In re HurdNew York Supreme Court · 1833
  3. Vose v. DeaneMassachusetts Supreme Judicial Court · 1811
  4. Commonwealth v. LoveridgeMassachusetts Supreme Judicial Court · 1814
  5. People v. BrownNew York Supreme Court · 1840

3Cited by4 opinions

  1. Bowers v. BeckNevada Supreme Court · 1866
  2. Oakley v. AspinwallThe Superior Court of New York City · 1848
  3. Onderdonk v. . VoorhisNew York Court of Appeals · 1867
  4. Wagman v. HoagNew York Supreme Court · 1852

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