Edward v. Bonnaffe
New York Court of Appeals
On the petition of Claudius Dord,.a citizen of the State of New York, an attachment under part II chapter Y, title I, article I of the Revised Statutes of this State (2 R. S., p. 3), was issued on the 10th of December, 1847, to the sheriff of New York, against Edward Bonnaffé and August Bonnaffé, nonresident debtors, composing the firm of Bonnaffé & Company, citizens and residents of, and doing business at Havre in France.
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On the petition of Claudius Dord,.a citizen of the State of New York, an attachment under part II chapter Y, title I, article I of the Revised Statutes of this State (2 R. S., p. 3), was issued on the 10th of December, 1847, to the sheriff of New York, against Edward Bonnaffé and August Bonnaffé, nonresident debtors, composing the firm of Bonnaffé & Company, citizens and residents of, and doing business at Havre in France. Such proceedings were had thereon that trustees were appointed, who proceeded to collect and realize the assets of the non-resident debtors attached within this State; and…
1Opinion of the CourtDavies, J.
But two questions are presented for our consideration on thip. appeal :■ I- Whether the creditors of the nonresident, debtors residing- out of the State of New York, are entitled to share pr participate rateably with those creditors residing within this State, in the distribution of the fund in the hands of the trustees. II. Whether the creditors, citizens and residents of the Kingdom of France, who became parties to, the proceedings had there o.n the failure of the non-resident debtors, or were hound by those proceedings, or who have participated in tfie dividends declared and paid under and…
2Cases cited3 opinions
- In re FitzgeraldNew York Supreme Court · 1805
- Ex parte SchroederNew York Supreme Court · 1827
- Ex parte CaldwellNew York Supreme Court · 1826
3Cited by3 opinions
- Hover v. BarkhoofCommission of Appeals · 1870
- Hines v. . the City of LockportNew York Court of Appeals · 1872
- Mott v. HullSupreme Court of Oklahoma · 1915