Churchill v. Marsh
New York Court of Common Pleas
Appeal from a j udgment of the Marine Court. This was an action brought in the New York Marine Court, by William Churchill, Jr., against Joseph B. Marsh and Cornelius G. Yan Deusen, for the recovery of $229 91, due on a promissory note made by defendants to the plaintiff.
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Appeal from a j udgment of the Marine Court. This was an action brought in the New York Marine Court, by William Churchill, Jr., against Joseph B. Marsh and Cornelius G. Yan Deusen, for the recovery of $229 91, due on a promissory note made by defendants to the plaintiff. The action was commenced by an application to one of the justices of the court, February 9, 1855, for an attachment against the property of the defendants as non-resident debtors, under the act to abolish imprisonment for debt and to punish fraudulent debtors, (laws of 1831, ch. 300). A warrant of attachment, returnable…
1Opinion of the Court
By the Couet.
Woodeuff, J.
I am much inclined to the opinion, that section 9, of the Act of April 17, 1852, (laws of 1852, ch. 389), and sectidn 2 of the Act of July 21, 1853, (laws of 1853, ch. 617), by which it is provided, that in all cases where the jurisdiction of the Marine Court is now limited, “so that there can be no recovery therein for a larger amount than $100,” {Act of 1852), “ the jurisdiction is hereby extended, so that in such cases the recovery of either party may hereafter be to the amount of $500,” operated to enlarge the jurisdiction of that court in issuing attachments…
2Cases cited2 opinions
- Ex parte M'CollumNew York Supreme Court · 1823
- Wheeler v. Roberts & RobertsNew York Supreme Court · 1827
3Cited by1 opinion
- Van Denburgh v. President & Trustees of Village of GreenbushNew York Court of Appeals · 1876