Thomas v. Merchants' Bank
New York Court of Chancery
This was an appeal from a decision of the vice chancellor of the first circuit, denying an application for an injunction.
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This was an appeal from a decision of the vice chancellor of the first circuit, denying an application for an injunction. The complainants were creditors of the Manufacturers’ Bank at Bellville, in the state of Mew-Jersey, a foreign corporation; and had obtained judgments against that corporation, upon proceedings against it by attachment, in the supreme court of this state, under the fifteenth section of the article of the revised statutes relative to proceedings against corporations in courts of law. These attachments were issued on the 10th of April, 1839, and were, on the 12th of that…
1Opinion of the Court
The Chancellor.
Without stopping to enquire whether the vice chancellor is right in supposing that no property could be attached in a suit against a foreign corporation, previous to the act of May, 1840, except such as was liable to sale on execution under the general provisions of the article of the revised statutes relative to executions against property, (2 R. S. 366, § 18, 19, 20,) I am satisfied that whatever was the proper subject of the attachment might, if attached by the sheriff, be sold by him on the execution to satisfy the judgment recovered in the proceeding upon such attachment.…
2Cited by4 opinions
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
- Rocky Mountain National Bank v. . BlissNew York Court of Appeals · 1882
- Snell v. LoucksNew York Supreme Court · 1852
- Capital City Bank v. ParentNew York Supreme Court · 1890