Vreeland v. Blunt & Tompkins
New York Supreme Court
In Equity. This was an appeal by the plaintiff from a decree of the late assistant vice chancellor of the first circuit. The bill was a creditor’s bill, filed to obtain satisfaction of a judgment obtained by one Nathaniel W. Smith, in May, 1845, against the defendant Tompkins for $1004,30, which judgment had been assigned to the plaintiff. The defendant Blunt was made a party to the bill under the following circumstances.
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In Equity. This was an appeal by the plaintiff from a decree of the late assistant vice chancellor of the first circuit. The bill was a creditor’s bill, filed to obtain satisfaction of a judgment obtained by one Nathaniel W. Smith, in May, 1845, against the defendant Tompkins for $1004,30, which judgment had been assigned to the plaintiff. The defendant Blunt was made a party to the bill under the following circumstances. A Mr. Burtnett, the owner of certain lots in the city of New-York, made a contract with the defendant Tompkins, to erect seven houses thereon, and the latter agreed with…
1Opinion of the Court
By the Court, Hurlbut, J.
Thé objection based on the pendency of another suit instituted by Smith for the same cause of complaint, ought not to prevail. The present bill is more comprehensive, and embraces more Completely the whole subject in dispute, than the bill preferred by Smith. No decree *186has been made in that suit, and upon a proper application it may be dismissed on such terms as will protect the rights of all the parties concerned.
The objection that the plaintiff had a complete remedy at law was not taken in the answer. But if it had been, it could not have availed the defendant; for…
2Cases cited1 opinion
- Bradley v. RootNew York Court of Chancery · 1836
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