Hall v. Kellogg
New York Supreme Court
The plaintiffs, and all the defendants except McKnight and Babcock, were the creditors of the defendant McKnight. Some of the defendants were individual creditors, and others composed firms. The plaintiffs, on the 17th of January, 1848, recovered, in this court, a judgment upon a bond, by confession. The bond and the warrant to confess judgment, had been given by McKnight some time previous, upon condition that no judgment should be entered until the 17th of January.
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The plaintiffs, and all the defendants except McKnight and Babcock, were the creditors of the defendant McKnight. Some of the defendants were individual creditors, and others composed firms. The plaintiffs, on the 17th of January, 1848, recovered, in this court, a judgment upon a bond, by confession. The bond and the warrant to confess judgment, had been given by McKnight some time previous, upon condition that no judgment should be entered until the 17th of January. Immediately after filing the record and docketing the judgment, the plaintiffs, by their attorney, made a demand upon McKnight…
1Opinion of the CourtMarvin, J.
The plaintiffs claim that by their superior diligence in making a demand of their debtor McKnight, and obtaining a warrant to arrest him, they have acquired a right to priority in the payment of their debt, over all the other creditors of McKnight. The question is important, and its determination must depend upon the construction to be given to the non-imprisonment act
*606The first section of the act prohibits the arrest or imprisonment of any person upon any demand founded on contract. The second section makes some exceptions; then follow sections three to nine inclusive, providing a new or…
2Cases cited1 opinion
- Spear v. WardellNew York Court of Chancery · 1847
3Cited by3 opinions
- Yellowstone Sheep Co. v. EllisWyoming Supreme Court · 1939
- Bromley v. PeopleMichigan Supreme Court · 1859
- Spitzer v. GreenesCity of New York Municipal Court · 1915