Oakley v. . Aspinwall
New York Court of Appeals
Action commenced in 1838, in the superior court of the city of New-York, upon a hond executed by the defendants in January of that year, pursuant to the statute (2 11. S., 11, § 55), to procure the discharge of an attachment issued on the application of the plaintiff against the estate of John W. Baker and John Young, as non-resident debtors.
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Action commenced in 1838, in the superior court of the city of New-York, upon a hond executed by the defendants in January of that year, pursuant to the statute (2 11. S., 11, § 55), to procure the discharge of an attachment issued on the application of the plaintiff against the estate of John W. Baker and John Young, as non-resident debtors. The bond was conditioned that the obligors would pay to each attaching creditor the amount justly due and owing by Baker and Young to him, at the time he became an attaching creditor, “on account of any debt so claimed and sworn to by him, with interest…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] When this court gave judgment of reversal in this cause and ordered a new trial, in April, 1851 (4 Comst., 514), a single question was presented for decision; and that was whether the plaintiff had made out, in evidence, a demand against Baker Young arising upon judgment. The evidence upon which the plaintiff contended that he was entitled to succeed consisted of the record of a judgment, under the joint debtor act, against Baker Young, obtained after service of…
2Cited by2 opinions
- Woodworkers Tool Works v. ByrneCourt of Appeals for the Ninth Circuit · 1953
- Trombley & Carrier Co. v. SeligmanAppellate Division of the Supreme Court of the State of New York · 1909