Thacher v. Bancroft
New York Supreme Court
I. Motion to discharge attachment. This action was brought by Thomas Thacher against John H. Cutter, to recover $10,315.79, as the plaintiff’s share of the--profits under a contract between the parties for the manufacture, .shipment, and sale of whiskey. On the 7th day of July, 1860, the plaintiff obtained a warrant of attachment against Cutter as a non-resident debtor.
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I. Motion to discharge attachment. This action was brought by Thomas Thacher against John H. Cutter, to recover $10,315.79, as the plaintiff’s share of the--profits under a contract between the parties for the manufacture, .shipment, and sale of whiskey. On the 7th day of July, 1860, the plaintiff obtained a warrant of attachment against Cutter as a non-resident debtor. Under this attachment, the sheriff of New York served notices upon several persons and firms who were indebted to Cutter. Cutter died at his residence in New Hampshire on the very day the warrant of attachment was issued : the…
1Opinion of the CourtIngraham, P. J.
An. attachment was issued against the testator of the defendant, and served. On the day of issuing the attachment, the defendant, residing in another State, died.
Subsequently his executor appeared and defended the action, and judgment was recovered against him.
A motion is now made to set aside the attachment on account of the death of the debtor.
I. The action was commenced by the allowance of the attachment, so far as to allow the operation of the 121st section of the Code, which provides that no action shall abate by the death of the party, &c. Upon his death, the executor was substituted in…
2Cases cited3 opinions
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- More v. ThayerNew York Supreme Court · 1850
- Burkhardt v. Sanford & FarnamNew York Supreme Court · 1852
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- Tetzloff v. MaySupreme Court of Iowa · 1915
- National Shoe & Leather Bank v. Mechanics' National BankNew York Court of Appeals · 1882
- Barron v. South Brooklyn Saw Mill Co.New York City Court · 1886
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