Sears v. Gearn & Houghton
New York Supreme Court
Motion for an order directing the sheriff of Saratoga to restore to the defendant Houghton, an account book seized under an attachment. The defendants had been copartners in trade, at Saratoga Springs. On the 27th of October 1852, the copartnership was dissolved. This suit was commenced on the 6th of November, to recover a copartnership debt.
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Motion for an order directing the sheriff of Saratoga to restore to the defendant Houghton, an account book seized under an attachment. The defendants had been copartners in trade, at Saratoga Springs. On the 27th of October 1852, the copartnership was dissolved. This suit was commenced on the 6th of November, to recover a copartnership debt. An attachment was issued against the defendant Gearn, alone, as an absconding or concealed debtor, by virtue of which the sheriff of Saratoga took from the possession of the defendant Houghton, without his consent, an account book, belonging to the…
1Opinion of the Court
Harris, Justice.
Gearn having absconded, the plaintiffs were entitled to have his property attached as a security for the satisfaction of such judgment as they might recover against him. But it was only the property of Gearn, and not the copartnership property of his firm, that might thus be seized (Stoutenburgh agt. Yandenburgh, 7 How. Pr. R. 229).
In Brewster agt. Honigsburger (2 Code Rep. 50) though the report of the case states that the attachment had been levied upon property belonging to the copartnership, the motion was to *384set aside the attachment itself, on the ground that an attachment…
2Cases cited1 opinion
- In re SmithNew York Supreme Court · 1819
3Cited by4 opinions
- Evans v. VirginWisconsin Supreme Court · 1887
- Williams v. MuthersbaughSupreme Court of Kansas · 1883
- Wishny v. GottfriedAppellate Terms of the Supreme Court of New York · 1911
- Barry v. FisherNew York Supreme Court · 1870