Crippen v. . Hudson
New York Court of Appeals
Actions commenced in the supreme court in September, 1851. The complaint in the case first entitled stated that the defendants, C. Bigelow & Wright were, on the 9th of July, 1851, copartners in the mercantile business, and, as such, indebted to the plaintiff in the sum of about $90; for which amount he recovered judgment against them on the 12th of that month in a justice’s court.
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Actions commenced in the supreme court in September, 1851. The complaint in the case first entitled stated that the defendants, C. Bigelow & Wright were, on the 9th of July, 1851, copartners in the mercantile business, and, as such, indebted to the plaintiff in the sum of about $90; for which amount he recovered judgment against them on the 12th of that month in a justice’s court. That on the said 9th of July, C. Bigelow executed a chattel mortgage and an assignment, by which he mortgaged to the defendant, Milton Bigelow, his undivided half of all the goods and chattels owned by the firm to…
1Opinion of the CourtJohnson, J.
The first question in these cases is, whether the suits can be sustained as creditors’ bills, founded upon the judgments and executions thereon returned unsatisfied. The judgments wc,re rendered before a justice of the peace, and the executions ran only against personal property. It is, therefore, necessary to consider, in the first place, whether in the court of chancery such a suit could have been sustained without first docketing the judgment, so as to make it a lien on the defendant’s real estate, if any he had, and issuing an execution on which that might be sold. In Dix v. Briggs (9…
2Cases cited7 opinions
- McElwain v. WillisCourt for the Trial of Impeachments and Correction of Errors · 1832
- Innes v. LansingNew York Court of Chancery · 1839
- Dix v. BriggsNew York Court of Chancery · 1842
- North American Fire Insurance v. GrahamThe Superior Court of New York City · 1851
- Coe v. WhitbeckNew York Court of Chancery · 1844
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Geery v. . GeeryNew York Court of Appeals · 1875
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
- Gore v. KramerIllinois Supreme Court · 1886
- Austin v. SeligmanU.S. Circuit Court for the District of Southern New York · 1883
- Hillyer v. . LeroyNew York Court of Appeals · 1904
26 more not listed; retrieve them via the Exa API.