Martin v. Michael
Supreme Court of Missouri
•Appeal from, St. Louis Court of Common Pleas. Application for an injunction and restraining order. The petition alleges that the plaintiffs, Wm. R. Martin and Charles Gr. Martin, are partners, composing the firm of Martin & Brother. The other plaintiffs compose three other firms, under different styles, all of which are set out in the petition. The petition further alleges that on the 12th day of August, 1854, said Wm. R. and Charles Gr.
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•Appeal from, St. Louis Court of Common Pleas. Application for an injunction and restraining order. The petition alleges that the plaintiffs, Wm. R. Martin and Charles Gr. Martin, are partners, composing the firm of Martin & Brother. The other plaintiffs compose three other firms, under different styles, all of which are set out in the petition. The petition further alleges that on the 12th day of August, 1854, said Wm. R. and Charles Gr. Martin instituted suit, by attachment, against the defendants, Samuel and Isaac Michael, who composed the firm of S. & I. Michael, to recover a debt due…
1Opinion of the CourtLeonard, Judge
In Wiggins and others against Strong and others, (2 Johns. Ch. R. 144,) Chancellor Kent said: “This is the case of a creditor on simple contract, after an action commenced at law and before judgment, seeking to control the disposition of the property of his debtor under judgments and executions on the ground of fraud. My first impression was in favor of the plaintiffs, but, upon examination, I am satisfied that a creditor at large, and before judgment and execution, can not be entitled to the interference which has been granted in this case. In Angell v. Draper, (1 Vern. 399,) and Shirley v.…
2Cited by18 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Turner v. AdamsSupreme Court of Missouri · 1870
- Boland v. RossSupreme Court of Missouri · 1894
- Crim v. WalkerSupreme Court of Missouri · 1883
- Cartwright v. Bamberger, Bloom & Co.Supreme Court of Alabama · 1890
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