Burns v. Morse
New York Court of Chancery
This was an appeal from the decision of the vice chancellor of the eighth circuit, refusing to dissolve an injunction issued upon a creditor’s bill.
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This was an appeal from the decision of the vice chancellor of the eighth circuit, refusing to dissolve an injunction issued upon a creditor’s bill. The bill charged the recovery of a judgment in favor of the complainant against Morse, one of the defendants, in the mayor’s court of the city of Rochester, in May term, 1836, and the issuing of an execution thereon returnable at the same term, which was returned nulla bona; and that, for the purpose of defrauding the complainant of his debt and preventing him from collecting the same, Morse had a few days previous to the recovery of such…
1Opinion of the Court
The Chancellor.
The fraud in obtaining the judgment of Platt is sufficiently charged in the bill to authorize the court to dispense with the deposit of any monies, or the execution of a bond, upon obtaining an injunction to stay the proceedings on that judgment." (2 R. S. 190, § 147.) If the judgment was confessed for a debt which was not then due and payable, or for more than was then actually due, or if the whole amount was fully secured upon real estate, and the judgment was given for the purpose of covering the personal estate also, so as to prevent the complainant from obtaining…
2Cited by6 opinions
- Shaw v. . DwightNew York Court of Appeals · 1863
- Taaffe v. JosephsonCalifornia Supreme Court · 1857
- Shaw v. DwightNew York Supreme Court · 1853
- Floyd v. CaroNew York Court of Common Pleas · 1881
- Shaw v. . DwightNew York Court of Appeals · 1863
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