Lyon v. . Clark
New York Court of Appeals
This was an action brought in the New York common pleas upon a bond in the penalty of six hundred dollars, made by the defendants to the plaintiff dated March, 16th 1840. The bond recited that a suit was pending in the superior court of the city of New York, in which Arza Banks was plaintiff and Lyon the plaintiff in this action defendant, upon a promissory note due to Banks; that suits had been instituted in the state of .Connecticut against Banks as an absconding debtor,…
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This was an action brought in the New York common pleas upon a bond in the penalty of six hundred dollars, made by the defendants to the plaintiff dated March, 16th 1840. The bond recited that a suit was pending in the superior court of the city of New York, in which Arza Banks was plaintiff and Lyon the plaintiff in this action defendant, upon a promissory note due to Banks; that suits had been instituted in the state of .Connecticut against Banks as an absconding debtor, and copies of the writs of attachment in those suits served upon Lyon as the fac- . tor and debtor of Banks, and that the…
1Opinion of the Court
Willard, J.,
delivered .the opinion of the court. Lyon was not liable to the creditors of Banks, an absent debt- or, beyond the amount of his indebtedness to Ranks. To the extent of that indebtedness he was trusteed by Banks’ creditors in Connecticut, as the trustee of Banks, and their object in serving him with a copy of this attachment process against Banks, was to compel him to pay to them, rather than to Banks, the amount of that indebtedness. The sum of eight hundred and eighty-nine dollars and eighty-seven cents was found to be due from Lyon to Banks, and this sum he was bound to pay to…
2Cases cited6 opinions
- Arnold and Others v. The United StatesSupreme Court of the United States · 1815
- Mower v. KipNew York Court of Chancery · 1836
- United States v. ArnoldU.S. Circuit Court for the District of Rhode Island · 1812
- Warner v. ThurloMassachusetts Supreme Judicial Court · 1818
- Smedes v. HooghtalingNew York Supreme Court · 1805
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Beers v. . ShannonNew York Court of Appeals · 1878
- Griffiths v. . HardenberghNew York Court of Appeals · 1869
- Kueschel v. Estate of BocherWisconsin Supreme Court · 1946
- Frink v. Southern Express Co.Supreme Court of Georgia · 1889
- United States v. HillsU.S. Circuit Court for the District of Massachusetts · 1878
11 more not listed; retrieve them via the Exa API.