Abraham v. Plestoro
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The bill was filed on 24th September, 1828, by Charles Berners Plestoro and eight others, creditors of the appellant, and James Johnstone, an assignee under a commission of a bankruptcy sued out in England against the appellant.
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Appeal from chancery. The bill was filed on 24th September, 1828, by Charles Berners Plestoro and eight others, creditors of the appellant, and James Johnstone, an assignee under a commission of a bankruptcy sued out in England against the appellant. The bill, after stating that the parties were subjects of the king of England, domiciled in that country and setting forth the debts due to the several creditors, averred, that in the month of July, 1828, the appellant absconded to avoid being arrested at the suit of his creditors ; that Plestoro, a creditor to the amount of £3500 sterling,…
1Opinion of the Court
The following opinions were delivered on the decision of this case:
By Mr. Justice Marcy.
There are several objections to the proceedings in this cause in their nature preliminary, which lie in our way to that mainly relied on for the reversal of the chancellor’s order. It is said that if the alleged proceedings against the appellant as a bankrupt vested in the provisional assignee the property in question, then the other respondents are improperly joined with him in this suit; and if it is a proceeding on the part of the creditors to obtain a discovery to aid them in their suits at law, then J…
2Cases cited7 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Hudson and Smith v. GuestierSupreme Court of the United States · 1810
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
- Rossiter v. ChesterMichigan Supreme Court · 1843
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3Cited by35 opinions
- Booth v. ClarkSupreme Court of the United States · 1855
- Hibernia National Bank v. . LacombeNew York Court of Appeals · 1881
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
- Barth v. . BackusNew York Court of Appeals · 1893
- Security Trust Co. v. Dodd, Mead & Co.Supreme Court of the United States · 1899
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