Mills v. Block
New York Supreme Court
APPEAL from an order denying a motion made by the defendant Block, to dissolve an injunction. The complaint alleged that on the 30th of March, 1859, the defendant Moise Franck being indebted to the plaintiffs in the sum of $428.21, for goods sold and delivered, the plaintiffs commenced an action in this court against him, for the recovery of the debt.
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APPEAL from an order denying a motion made by the defendant Block, to dissolve an injunction. The complaint alleged that on the 30th of March, 1859, the defendant Moise Franck being indebted to the plaintiffs in the sum of $428.21, for goods sold and delivered, the plaintiffs commenced an action in this court against him, for the recovery of the debt. That an attachment was issued in the action, directed to the sheriff of Hew York, by virtue of which the sheriff duly levied upon and seized a large amount of goods, the property of Franck. That prior to the commencement of the said action of…
1Opinion of the CourtSutherland, J.
On the plaintiffs’ own showing, in their complaint, they are not entitled to any of the equitable relief asked for by the complaint.
The action is brought for the benefit of themselves alone, and not for the benefit of themselves and all other creditors of the defendant Moise Franck.
The plaintiffs have not established their debt by judgment, and they could not reach Franck’s property by execution, if the alleged fraudulent judgment, execution and levy under it, which they have permitted Block to obtain, were at once declared fraudulent and void, and were removed out of their way.
Although it…
2Cited by6 opinions
- Quarl v. AbbettIndiana Supreme Court · 1885
- Clews v. BainbridgeNew York Supreme Court · 1873
- Marsh v. BensonNew York Supreme Court · 1860
- Lawrence v. Bank of the RepublicThe Superior Court of New York City · 1865
- Livermore v. BainbridgeNew York Supreme Court · 1873
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