Burtus v. Tisdall
New York Supreme Court
In Equity. This was an appeal from a decree of the late assistant vice chancellor of the first circuit. The bill was an ordinary judgment creditor’s bill, on a judgment recovered by the plaintiff against the defendants Tisdall &, Hickman, in July 1843, for $422,42. It alleged that the defendants Tisdall & Hickman were copartners, as coal dealers, from 1839 until 1843, when the copartnership was dissolved by mutual consent.
Read the full summary
In Equity. This was an appeal from a decree of the late assistant vice chancellor of the first circuit. The bill was an ordinary judgment creditor’s bill, on a judgment recovered by the plaintiff against the defendants Tisdall &, Hickman, in July 1843, for $422,42. It alleged that the defendants Tisdall & Hickman were copartners, as coal dealers, from 1839 until 1843, when the copartnership was dissolved by mutual consent. That previous to such dissolution, and on or about the 13th of April, 1843, Tisdall & Hickman jointly, as copartners, sold and assigned their stock in trade to the…
1Opinion of the Court
By the Court, Strong, P. J.
Although the plaintiff does not, in his bill of complaint, directly impeach the sale from the defendants Tisdall & Hickman to the defendant Bailey, yet he calls for a full disclosure of all the particulars of that transaction. As a creditor’s bill is for discovery as well as relief, the plaintiff is at liberty to avail himself of any objections to a proceeding on the part of the defendants affecting his rights, although they may not have been specified by, or even generally charged, in the bill. The rule results from the necessity of the case; as a creditor cannot…
2Cases cited3 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Edmeston v. LydeNew York Court of Chancery · 1829
- Laverty v. BurrNew York Supreme Court · 1828
3Cited by11 opinions
- Pritchett v. Pollock & Co.Supreme Court of Alabama · 1886
- Holland v. . GroteNew York Court of Appeals · 1908
- Heye v. BollesNew York Court of Common Pleas · 1867
- Mannen v. BaileySupreme Court of Kansas · 1893
- Bingham v. TuttleNew York Supreme Court · 1894
6 more not listed; retrieve them via the Exa API.