Waterman v. Isaac Merritt & Co.
Supreme Court of Rhode Island
This was a motion to dismiss a suit, upon the ground of illegal and void service. The defendant, late of the insolvent firm of Isaac Merritt & Co., of New York, and now residing in Dutchess county, in said State, had, with his copartner, made an assignment of the effects ahd credits of the firm, for the payment of their company debts; and amongst other credits, of one due from Stephen Waterman, the plaintiff in this suit.
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This was a motion to dismiss a suit, upon the ground of illegal and void service. The defendant, late of the insolvent firm of Isaac Merritt & Co., of New York, and now residing in Dutchess county, in said State, had, with his copartner, made an assignment of the effects ahd credits of the firm, for the payment of their company debts; and amongst other credits, of one due from Stephen Waterman, the plaintiff in this suit. The assignees brought an action in this court against Waterman for the amount of the account claimed, in the name of the assignors; and the case standing for trial at the…
1Opinion of the CourtBratton, J.
The defendant in this case, William T. Merritt, being a party plaintiff in the suit of Isaac Merritt & Co. v. Stephen Waterman, and being also a witness in said suit, upon his application, procured from this court a writ of protection, by which the several sheriffs and their deputies were commanded, that they “ let the said William T. Merritt of and from all civil process, whether original or judicial, so long as he shall attend said court, and until he shall be discharged from the protection aforesaid, by this court, at the present term.” He attended during the trial, and until the cause was…
2Cases cited2 opinions
- Hopkins v. CoburnNew York Supreme Court · 1828
- Roberts v. AustinSupreme Court of Pennsylvania · 1840