Boughton v. Smith
New York Supreme Court
MOTIOH to dissolve an injunction. The motion was ordered by the judge at special term, to stand over to and be heard at, the general term. The defendant, John W. Smith, had commenced a suit against Lyman Hunger,, to set aside various conveyances, chattel mortgages and other securities, on the ground of usury, and to have the same canceled.
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MOTIOH to dissolve an injunction. The motion was ordered by the judge at special term, to stand over to and be heard at, the general term. The defendant, John W. Smith, had commenced a suit against Lyman Hunger,, to set aside various conveyances, chattel mortgages and other securities, on the ground of usury, and to have the same canceled. The plaintiffs in this suit are judgment creditors of Smith, and on the return of executions unsatisfied, commenced this suit to obtain the benefit of Smith’s suit against Hunger, setting up that such suit was commenced by their procurement and at their…
1Opinion of the Court
By the Court, E. Darwin Smith, J.
It is claimed by the defendants’ counsel that there is no equity in the plaintiffs’ case as stated in their complaint, and that they can have no relief thereupon, in a court of equity; and therefore that the injunction granted upon the commencement of the action should be dissolved. The plaintiffs are judgment creditors of the defendant Smith, with executions returned unsatisfied, and were therefore entitled to commence a suit in equity to reach the equitable property of their judgment debtor, and so far as their complaint is adapted to reach such property it…
2Cases cited6 opinions
- De Wolf v. JohnsonSupreme Court of the United States · 1825
- Morris v. FloydNew York Supreme Court · 1849
- Seymour v. MarvinNew York Supreme Court · 1851
- Mechanics' Bank v. EdwardsNew York Supreme Court · 1847
- Weyburn v. WhiteNew York Supreme Court · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- People ex rel. Dickinson v. Board of SupervisorsNew York Supreme Court · 1864
- Trustees of Jordan v. OtisNew York Supreme Court · 1862
- Dickson v. ValentineThe Superior Court of New York City · 1889
- Dickson v. ValentineThe Superior Court of the City of New York and Buffalo · 1889
- Porter v. Village of AtticaNew York Supreme Court · 1884