Beck v. Burdett
New York Court of Chancery
In July, 1825, B. 0. Burdett gave to the complainant a note for a bona fide debt. A judgment was obtained thereon in the Supreme Court in May, 1826, and a fieri facias was issued to the sheriff of New York, returnable on the 13th of the same month. The sheriff returned the execution unsatisfied. The bill in this cause was filed after the return day of the execution, but before the writ was actually returned and filed in the clerk’s office.
Read the full summary
In July, 1825, B. 0. Burdett gave to the complainant a note for a bona fide debt. A judgment was obtained thereon in the Supreme Court in May, 1826, and a fieri facias was issued to the sheriff of New York, returnable on the 13th of the same month. The sheriff returned the execution unsatisfied. The bill in this cause was filed after the return day of the execution, but before the writ was actually returned and filed in the clerk’s office. Before the commencement of the suit upon the note B. C. Burdett failed, and assigned all his property, consisting of goods, debts and choses in action to…
1Opinion of the Court
*The Ghaucelloe:—The defendants deny all actual fraud in relation to the assignment, and there is no evidence from which it can be inferred; therefore, the only questions of any importance in this case are as to the right of the complainant to commence proceedings here, before the execution was returned by the sheriff; and whether the assignment is void, in consequence of the reservation of the surplus to the assignor, without making any provision for the payment of the complainant’s debt.[1]
There are two classes of cases where a plaintiff is permitted to come into this court for relief,…
2Cases cited3 opinions
- Wilkes & Fontaine v. FerrisNew York Supreme Court · 1810
- Stevens v. BellMassachusetts Supreme Judicial Court · 1810
- Passmore v. EldridgeSupreme Court of Pennsylvania · 1824
3Cited by75 opinions
- Mississippi Mills v. CohnSupreme Court of the United States · 1893
- The Ocean National Bank v. . OlcottNew York Court of Appeals · 1871
- Lehman v. MeyerSupreme Court of Alabama · 1880
- Robinson v. Springfield Co.Supreme Court of Florida · 1885
- Adsit v. . ButlerNew York Court of Appeals · 1882
70 more not listed; retrieve them via the Exa API.