Legal Opinion

Jefferson County Bank v. Prime

New York Supreme Court

Decided November 23, 1847Published

Before Ndmonds, Justice.—The Plaintiffs on the 1st Nov. 1847, applied to Edmonds, Justice, for a warrant against the Defendants, under the act of 1831, to abolish imprisonment for debt, &c., upon affidavits setting forth that they had obtained a judgment against the Defendants for $89,915.31 “ on contract, for which, pursuant to the provisions of said act, they could not be arrested or imprisonedthat after obtaining such judgment the Defendants had exhibited to the attorney,…

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Before Ndmonds, Justice.—The Plaintiffs on the 1st Nov. 1847, applied to Edmonds, Justice, for a warrant against the Defendants, under the act of 1831, to abolish imprisonment for debt, &c., upon affidavits setting forth that they had obtained a judgment against the Defendants for $89,915.31 “ on contract, for which, pursuant to the provisions of said act, they could not be arrested or imprisonedthat after obtaining such judgment the Defendants had exhibited to the attorney, and to the president of the bank, a schedule of assets, consisting of debts owing to them valued at about $50,000, and…

1Opinion of the Court

Edmonds, Justice.

This is an application, under the act to abolish imprisonment for debt, and to punish fraudulent debtors, for a warrant to commit the Defendants to close custody for unjustly refusing to apply their assets, amounting to some $50,000, to the payment of a judgment obtained against them by the Jefferson County Bank, for $89,915.31. There is no allegation of fraud or unfair dealing in the case, but it is on one side, a claim by the bank, that under that statute, they have obtained a preference over all other creditors, and that therefore it is unjust in Prime, Ward & Co., to…

2Cases cited1 opinion

  1. Ex parte Townsend v. MorrellNew York Supreme Court · 1833

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