Blackburn v. Davidson
Court of Appeals of Kentucky
Error to the Franklin Circuit. Chancery, Case 27. Case stated The debtor of a debtor against whom a bill is filed by a creditor to have the benefit of a demand or chose in action against him, cannot be required to violate his contract, and if property is to be delivered, unless a receiver be appointed by the Chancellor, he may still go on to pay, if the consequenGe of his failing so to do might subject him to pay money instead of property.
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Error to the Franklin Circuit. Chancery, Case 27. Case stated The debtor of a debtor against whom a bill is filed by a creditor to have the benefit of a demand or chose in action against him, cannot be required to violate his contract, and if property is to be delivered, unless a receiver be appointed by the Chancellor, he may still go on to pay, if the consequenGe of his failing so to do might subject him to pay money instead of property. If he has failed to pay property according to his contract, and rendered himself liable for the value thereof, he may he directed to pay such value to the…
1Opinion of the Court
Chieí Justice Ewing
delivered the opinion of the Court.
Upon a judgment and return of no property, againstThos, P. Hart, Davidson filed his bill on the 17th of March, 1842, charging that numerous persons were indebted to said Hart, by note, account or othenoise, and among others, the plaintiff in error, Blackburn, and praying that they should answer and show how much they respectively and severally owed to the said Hart, by note, account, or in any other manner, and enjoining them from paying to the said Hart, the money they severally owed him, and the said Hart from receiving the money owing-…
2Cited by2 opinions
- Weil v. TylerSupreme Court of Missouri · 1866
- Pool v. Webster & Co.Court of Appeals of Kentucky · 1860