Waddington v. Vredenbergh
New York Supreme Court
The defendant obtained a judgment against White and Stout, on a policy of insurance, subscribed by them as partners. They became partners, as insurers, on the 29th February, 1796, and the partnership was dissolved on the 9th December following.
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The defendant obtained a judgment against White and Stout, on a policy of insurance, subscribed by them as partners. They became partners, as insurers, on the 29th February, 1796, and the partnership was dissolved on the 9th December following. White assumed all the •business, profits, and responsibilities, and agreed to pay Stout 1500 dollars for his share of the .profits, and indemnify him against all debts due by the partnership, among which was the loss for which the defendant brought his action and recovered judgment. The suit was against both, and White entered an appearance for himself…
1Opinion of the CourtRadcliff, J.
delivered the opinion of the court. 1. A feoffee, or purchaser of lands subject to a judgment, cannot have an audita querela, quia timet, but is entitled to sue out this writ, only after execution issued. So a feoffee, or purchasee of part of the land, cannot have it till after execution against him, although the execution be issued against the residue of the lands of the original debtor. (3 Viner, 321, B. pi. 1, 2, 3, 4.) Hence the assignees, in the present case, viewed in the light of purchasers, if they were entitled to this writ, could not bring it till after the expiration of six months,…
2Cases cited7 opinions
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- New-York State Bank v. FletcherNew York Supreme Court · 1830
- Beardsley v. WarnerNew York Supreme Court · 1831
- Patterson v. PopeCourt of Appeals of Kentucky · 1837
- Greiner's EstateSupreme Court of Pennsylvania · 1834
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Wardell v. EdenNew York Supreme Court · 1801