Van Cleef v. Sickles
New York Court of Chancery
This was an appeal from a decretal order of a vice chancel-, lor, overruling the defendant’s demurrer on the record, and permitting the complainant to amend, after the allowance of a' demurrer ore tenus. The object of the suit was to obtain satisfaction of a judgment, recovered against the defendant Sickles and others, after the return of an execution unsatisfied.
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This was an appeal from a decretal order of a vice chancel-, lor, overruling the defendant’s demurrer on the record, and permitting the complainant to amend, after the allowance of a' demurrer ore tenus. The object of the suit was to obtain satisfaction of a judgment, recovered against the defendant Sickles and others, after the return of an execution unsatisfied. From the bill it appeared that the action at law was upon a' promissory note, drawn by William Moore and Alfred Moore, as copartners, and endorsed by Sickles, Smith and Fletcher, who were also copartners. The action was brought…
1Opinion of the Court
The Chancellor.
The vice chancellor is right in supposing that it is not necessary to> make all the joint debtorsjagainst whom the judgment was obtained, parties defendants to a creditor’s bill, provided it distinctly appears in the bill that those- who are not joined in the suit are wholly insolvent and destitute of property. In such a-case it would be a useless expense to proceed against those who have nothing to contrib-ute, either to the satisfaction of the complainant’s demand, or to remunerate their, co-defendants, whose equitable interests- or choses in action might be' taken and…
2Cited by4 opinions
- Keep v. LordThe Superior Court of New York City · 1853
- Train v. DavidsonAppellate Division of the Supreme Court of the State of New York · 1897
- Williams v. HubbardMichigan Supreme Court · 1850
- Emery v. Emery & RedfieldNew York Supreme Court · 1854