Clark v. . Rowling
New York Court of Appeals
Clark filed a .bill in the court of chancery before the vice chancellor of the fifth circuit against John Bowling, jun. and Joseph Rowling, for the purpose of procuring satisfaction of a judgment against them, after execution at law had been returned unsatisfied. Other persons were also made defendants who were alledged to be the fraudulent assignees of the property of the judgment debtors.
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Clark filed a .bill in the court of chancery before the vice chancellor of the fifth circuit against John Bowling, jun. and Joseph Rowling, for the purpose of procuring satisfaction of a judgment against them, after execution at law had been returned unsatisfied. Other persons were also made defendants who were alledged to be the fraudulent assignees of the property of the judgment debtors. The decree of the vice chancellor was favorable to the complainant as against the judgment debtors, and they appealed to the chancellor. Pending the appeal the cause became vested in the supreme court…
1Opinion of the CourtHurlbut, J.
In the year 1840, the defendants, John So Joseph Rowling, who were partners in the milling business in Madison county in this state, were indebted to the plaintiff and others in various sums, which were secured by seven promissory notes. In the year 1841, the plaintiff instituted a suit upon these notes, and after some litigation, finally obtained a verdict upon them on the 18th day of April, 1843, for the sum of $929,- 27, upon which a judgment was perfected on the 13th day of May of that year for $1052,75, including $123,48 as costs of suit; and execution was returned unsatisfied in the…
2Cases cited1 opinion
- Kellogg v. SchuylerNew York Supreme Court · 1846
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