Hayden v. Bucklin
New York Court of Chancery
This was an application to dissolve an injunction upon the bill and answer, and a stipulation of the solicitors of the parties containing an admission of the facts in the case. Several creditors of L. W. Patten having recovered judgments against him and having their executions returned unsatisfied, filed separate bills against him to reach his equitable interests and choses in action, &c.
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This was an application to dissolve an injunction upon the bill and answer, and a stipulation of the solicitors of the parties containing an admission of the facts in the case. Several creditors of L. W. Patten having recovered judgments against him and having their executions returned unsatisfied, filed separate bills against him to reach his equitable interests and choses in action, &c. These bills were filed in the afternoon of the 8th of January, 1840, in the register’s office at Albany, and injunctions and subpeenas were duly issued at the same time, and were served upon Patten at his…
1Opinion of the Court
The Chancellob.
There is no dispute in relation to the bona fide nature of the transaction between Patten and his assignees. Although the assignor may have anticipated the filing of creditors’ bills against him, assoon as the executions, which were issued on the sixth of January, could be returned unsatisfied, it appears to be impossible that when he made the assignment on the 9th of January at Winfield, he should have known that bills had been actually filed and subpoenas issued thereon at Albany, 80 miles distant, on the afternoon of the preceding day. And both of the defendants in this suit…
2Cited by29 opinions
- Burditt v. SwensonTexas Supreme Court · 1856
- Leitch v. . WellsNew York Court of Appeals · 1872
- People, Ex Rel. Woods v. . CrisseyNew York Court of Appeals · 1883
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- Haughwout & Pomeroy v. MurphySupreme Court of New Jersey · 1871
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