Metcalf v. Clark
New York Supreme Court
Action to recover a claim amounting to over $1300 against the estate of Matthew Clark deceased, the defendant’s testator, for moneys collected by Clark in his lifetime, for the plaintiff, and which he had neglected to pay over. Clark, in his lifetime, resided in Canada, and the defendants, his executors, also resided there, and had assets.
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Action to recover a claim amounting to over $1300 against the estate of Matthew Clark deceased, the defendant’s testator, for moneys collected by Clark in his lifetime, for the plaintiff, and which he had neglected to pay over. Clark, in his lifetime, resided in Canada, and the defendants, his executors, also resided there, and had assets. It appeared from the papers that on the 27th of May, 1863, one Freeman Eye, a resident of Lacolle, Canada East, who had been engaged in prosecuting the plaintiff’s claim, sent word to the defendants to meet him at his store (situate in Canada and but a few…
1Opinion of the Court
By the Court, Bockes, J.
Appeal from an order granted at a special term, setting aside the summons, complaint, warrant of attachment and all proceedings herein.
We can have no doubt that the defendant, Wilson, was, through the instrumentality of the plaintiff, or of those acting *47in his behalf, inveigled into this state with the purpose of effecting service upon him of the summons in this action. He was enticed within the jurisdiction of the court for a purpose to which the court will not give its sanction. As was said in Carpenter v. Spooner, (2 Sandf. 717,) the proceeding was a trick for the…
2Cases cited9 opinions
- McNamara v. DwyerNew York Court of Chancery · 1838
- Williams v. BaconNew York Supreme Court · 1834
- Snelling & Baxter v. WatrousNew York Court of Chancery · 1830
- Brown v. BrownNew York Court of Chancery · 1845
- Smith v. WebbNew York Supreme Court · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- In Re JohnsonSupreme Court of the United States · 1897
- Ex parte LamarCourt of Appeals for the Second Circuit · 1921
- Gumperz v. HofmannAppellate Division of the Supreme Court of the State of New York · 1935
- Townsend v. SmithWisconsin Supreme Court · 1879
- Klaiber v. FrankSupreme Court of New Jersey · 1952
17 more not listed; retrieve them via the Exa API.