Willink v. Renwick
New York Supreme Court
To a seire facias quart executionem non on a judgment in favor of John A. Willink and Daniel Willink, against James Renwick and Robert J. Renwick, one of the defendants upon whom the seire facias was served, pleaded that John A. Willinh ought not, together with Daniel Willink, to have and maintain the action, because after the recovery and before the issuing of the writ of scire facias to wit, on the 22d October, 1819, John A. Willink, being an insolvent debtor within the…
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To a seire facias quart executionem non on a judgment in favor of John A. Willink and Daniel Willink, against James Renwick and Robert J. Renwick, one of the defendants upon whom the seire facias was served, pleaded that John A. Willinh ought not, together with Daniel Willink, to have and maintain the action, because after the recovery and before the issuing of the writ of scire facias to wit, on the 22d October, 1819, John A. Willink, being an insolvent debtor within the meaning of the act to abolish [ *64 ] imprisonment for *debt in certain cases, presented a petition, &e. and executed an…
1Opinion of the CourtCowen, J.
By the Court, The form and effect of the assignment under the insolvent act of 1819, is the same as under the previous statute of 1813. Sess. Laws of 1819, p. 116, 117, a. § 2, 3, 4. 1 R. L. of 1813, p. 463, 468, § 8 and 19. The insolvent is required to assign and deliver all his estate, real and personal, in law and equity and all books, vouchers and securities relating to the same. The 19th section of the act of 1813, expressly declares that the assignees may recover such estate, real or personal, in their own names. But this declaration was unnecessary, and I apprehend comes even short of…
2Cases cited2 opinions
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- Garr v. GomezCourt for the Trial of Impeachments and Correction of Errors · 1832
3Cited by2 opinions
- Merrick's EstateSupreme Court of Pennsylvania · 1842
- Stinson v. FernaldSupreme Judicial Court of Maine · 1885