Child v. Brace
New York Court of Chancery
The complainant in this cause was a judgment creditor of H. Brace, T„ Joy, R. Hunter, N. Brown and T. J. Shankland, who were copartners in the forwarding commission business upon the Erie canal. The judgment was entered in the supreme court, in September, 1828, at which time one of the partners resided at Rochester, in Monroe county, one at Albany, and another at New-York.
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The complainant in this cause was a judgment creditor of H. Brace, T„ Joy, R. Hunter, N. Brown and T. J. Shankland, who were copartners in the forwarding commission business upon the Erie canal. The judgment was entered in the supreme court, in September, 1828, at which time one of the partners resided at Rochester, in Monroe county, one at Albany, and another at New-York. Brown, another of the partners, resided in the county of Montgomery; where he had a large real and personal estate. The partners carried on their business principally at Rochester and Albany, and on the canal between those…
1Opinion of the Court
The Chancellor.
The objection that the co-defendants in the judgment with Brace were not made parties to this suit, would probably have been valid, if it had been made at the proper time. But as it was neither raised by demurrer, nor insisted upon in the answer of the defendants, it afforded no sufficient ground for dismissing the complainant’s bill at the hearing. The only effect of such an objection at that time would have been, to have an order that the cause stand over; with liberty to the complainant to file a supplemental bill, for the *315purpose of bringing the necessary parties before the…
2Cited by30 opinions
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- Fox v. . MoyerNew York Court of Appeals · 1873
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
- Dunlevy v. . TallmadgeNew York Court of Appeals · 1865
- Converse v. KelloggNew York Supreme Court · 1850
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