Lentilhon v. Moffat
New York Court of Chancery
JvD~M~NT creditors had joined in this case to set aside a deed of assignmenL The defendant, John Moffat, was formerly in extensive busi- " mess in the city of New York as a dry goods merchant. • In the year one thousand eight hundred and thirty-one, and the beginning of one thousand eight hundred and thirty-two, he contracted a large amount of debts. Being then unable, from sickness, to attend much to business, his affairs became confused and he embarrassed.
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JvD~M~NT creditors had joined in this case to set aside a deed of assignmenL The defendant, John Moffat, was formerly in extensive busi- " mess in the city of New York as a dry goods merchant. • In the year one thousand eight hundred and thirty-one, and the beginning of one thousand eight hundred and thirty-two, he contracted a large amount of debts. Being then unable, from sickness, to attend much to business, his affairs became confused and he embarrassed. On the thirtieth day of March, one . , , . , ,, ' thousand eight hundred and thirty-two, he was compelled to stop payment. Having a…
1Opinion of the Court
The Vice-Ciianceleob.
Before I proceed to examine thé* question, whether the assignment can be supported against the dissenting creditors, I must notice an objection which is started in the answer of the defendant Moffat and been urged on-the argument of the motion, namely, that creditors who have separate and distinct judgments cannot unite in filing a bill of the description now before the court—inasmuch as they have' no joint or common interest in the judgments.
This objection, which goes to the frame of the bill, is clearly not well taken. Although the complainants have no such joint'…
2Cases cited2 opinions
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Mann v. MannCourt for the Trial of Impeachments and Correction of Errors · 1816
3Cited by9 opinions
- Catlin v. WheelerWisconsin Supreme Court · 1880
- Brown v. BatesSupreme Court of Alabama · 1846
- Dix v. BriggsNew York Court of Chancery · 1842
- Sangston v. GaitherCourt of Appeals of Maryland · 1852
- Fisher v. HubbellNew York Supreme Court · 1873
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