Hadden v. Spader
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The respon» dents, on the 25th of January, 1820, filed their bill, stating, that John Davis, of the city of JYew-York, merchant, being largely indebted to them, and others, stopped payment on the 26t'h of June, 1819, and refused to pay any of his creditors, ^at ^e'nS possessed, of a large stock in trade, and having debts due to him to a large amount, he, for the purpose of defrauding his creditors, combined with the appellant, Had-to…
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APPEAL from the Court of Chancery. The respon» dents, on the 25th of January, 1820, filed their bill, stating, that John Davis, of the city of JYew-York, merchant, being largely indebted to them, and others, stopped payment on the 26t'h of June, 1819, and refused to pay any of his creditors, ^at ^e'nS possessed, of a large stock in trade, and having debts due to him to a large amount, he, for the purpose of defrauding his creditors, combined with the appellant, Had-to conceal the property, so as to retain it for his own use, and delivered the same to the appellant, who still re» tained the…
1Opinion of the Court
Spencer, Ch. J.
The decree of the Chancellor does not proceed on that ground.
Hamilton.
The fact, that there are no prior judgment creditors, ought expressly and affirmatively to appear from the plaintiff’s own showing. But the goods of Davis, having been assigned and turned into cash, before the respondents obtained judgment, the executions were no lien, at law, on the surplus cash, or resulting interest of the assignor, in the hands of the appellant. It had become a mere chose in action; and choses in action, or stock, not being liable to creditors, cannot be levied on, or reached by…
2Cases cited6 opinions
- Murray v. BallouNew York Court of Chancery · 1815
- Hendricks v. RobinsonNew York Court of Chancery · 1817
- M'Dermutt v. StrongNew York Court of Chancery · 1820
- Brinkerhoff v. BrownNew York Court of Chancery · 1820
- Bayard v. HoffmanNew York Court of Chancery · 1820
1 more not listed; retrieve them via the Exa API.
3Cited by91 opinions
- Butler v. . JohnsonNew York Court of Appeals · 1888
- Pendleton v. PerkinsSupreme Court of Missouri · 1872
- Graff v. . BonnettNew York Court of Appeals · 1865
- National Tradesmen's Bank v. WetmoreNew York Court of Appeals · 1891
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
86 more not listed; retrieve them via the Exa API.