Hall v. Kellogg
New York Court of Appeals
On the morning of the 17th of January, 1848, between six and seven o’clock, the plaintiffs caused a judgment to be perfected in their favor in the supreme court, against one McKnight, on a bond and warrant of attorney theretofore executed by him to them, and on the same day, at eight o’clock A. M., they made a demand of McKnight that lie should apply any money or choses in action belonging to him, or so much thereof as should be sufficient, to the payment of the judgment;…
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On the morning of the 17th of January, 1848, between six and seven o’clock, the plaintiffs caused a judgment to be perfected in their favor in the supreme court, against one McKnight, on a bond and warrant of attorney theretofore executed by him to them, and on the same day, at eight o’clock A. M., they made a demand of McKnight that lie should apply any money or choses in action belonging to him, or so much thereof as should be sufficient, to the payment of the judgment; this he refused to do. On the same day the plaintiffs applied to Mr. Justice Mullet for a warrant against McKnight, under…
1Opinion of the Court
Gardiner, Ch. J.
If our courts have failed to make the act abolishing imprisonment for debt consistent with itself, it is not for want of ingenuity, or of variety in their experiments for that purpose. The late chancellor applied to the law the maxim of his court, that among creditors equality was equity, and attempted to construe the act upon that principle; but, independently of other difficulties, this theory required the rejection of one positive provision of the law, and the substitution of another, besides convicting its framers of gross negligence, or gross ignorance. The late supreme…
2Cases cited1 opinion
- Wood v. BolardNew York Court of Chancery · 1841