Robbins v. Cooper
New York Court of Chancery
THE bill stated, among other things, that previous to tke firgt'day of December, 1819, a partnership existed between the plaintiffs, Edwards Robbins, of New- York, and Robert B. Muchall, of Birmingham, in Great Britain, under the firm of E. Robbins 8f Muchall, and was carried on by E. R. at the city of New-York, and by M. at Birmingham, which partnership expired, by its own limitation, on or about the first of December, 1819. That on the 8th of December, 1819, an attachment,…
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THE bill stated, among other things, that previous to tke firgt'day of December, 1819, a partnership existed between the plaintiffs, Edwards Robbins, of New- York, and Robert B. Muchall, of Birmingham, in Great Britain, under the firm of E. Robbins 8f Muchall, and was carried on by E. R. at the city of New-York, and by M. at Birmingham, which partnership expired, by its own limitation, on or about the first of December, 1819. That on the 8th of December, 1819, an attachment, at the instance of Hcwett Sf Kittle, was issued, under the act for giving relief -against absconding and absent…
1Opinion of the Court
The Chancellor.
The existence of a copartnership between the plaintiffs, as charged in the bill, appears to be sufficiently established by the testimony. But there is not any just ground for interfering with the proceedings, under the attachment act, against the plaintiff, R., as an absconding debtor, upon the charge of irregularity and fraud. Thomas Kittle, the creditor, residing abroad, was a competent creditor to institute proceedings under the absconding debtor act. The 20th section of the act expressly declares, that “ any creditor residing out of the state,” shall be deemed a creditor…
2Cases cited1 opinion
- Murray v. MurrayNew York Court of Chancery · 1821
3Cited by4 opinions
- Canfield v. HardSupreme Court of Connecticut · 1826
- Gomez v. VazquezCity of New York Municipal Court · 1941
- Smith v. JonesNebraska Supreme Court · 1885
- Lovins v. LaubNew York Supreme Court · 1914