Storm v. Badger
New York Court of Chancery
This was an application on the part of L. Badger and L. W. Badger, two of the defendants, that the complainant’s bill be dismissed with costs ; or, that he should elect whether he would proceed at law or in equity for the satisfaction of his judgment which had been obtained in the supreme court against J. Crooker and L. Badger.
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This was an application on the part of L. Badger and L. W. Badger, two of the defendants, that the complainant’s bill be dismissed with costs ; or, that he should elect whether he would proceed at law or in equity for the satisfaction of his judgment which had been obtained in the supreme court against J. Crooker and L. Badger. The bill was in the usual form of creditors’ bills, as to the judgment debtors ; and the other defendants were made parties to reach property in their hands belonging to such judgment debtors. An execution was issued, and was returned unsatisfied, before the filing of…
1Opinion of the Court
The Chancellor.
This is not a case for compelling the complainant to elect. The object of the suit in this court is to aid the execution at law ; and not as a mere substitute of an equitable instead of a legal remedy. To compel an election, therefore, the defendant must show that the complainant is proceeding in each court in a manner in which if he succeeds, he will obtain satisfaction of his whole debt. Here the debt is about $900, and it is not alleged that the defendant Badger has property to exceed $90 or $100 which can be reached by the new execution, even if such property was still in…
2Cited by7 opinions
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- Claflin v. GordonNew York Supreme Court · 1886
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