Reubens v. . Joel
New York Court of Appeals
Action commenced in the superior court of the city of New York, in 1853, against Alfred, Louis and Flora Joel, and Henry H. Leeds. The complaint states that the defendants, Alfred and Louis, were copartners, in New York, and as such executed to the plaintiff two promissory notes, which are set out, for merchandise purchased by them of him.
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Action commenced in the superior court of the city of New York, in 1853, against Alfred, Louis and Flora Joel, and Henry H. Leeds. The complaint states that the defendants, Alfred and Louis, were copartners, in New York, and as such executed to the plaintiff two promissory notes, which are set out, for merchandise purchased by them of him. The notes were for over $200 each, and were, by their terms, due; and the complaint averred that the full amount thereof was owing by the makers to the plaintiff. The complaint further states, that the defendants, Alfred and Louis, who had been doing…
1Opinion of the CourtT. A. Johnson, J.
Prior to the Code, it was the settled law that a creditor could not restrain or question the disposition of his debtor’s property until he had completed his title at law, by judgment and execution. The reason of the rule was, that to allow the creditor to interfere, before he had established a certain claim upon the property, would lead to an unnecessary and oppressive interruption of the debtor’s rights.
The Code (§<> 219, 220) has so far altered the rule as to allow the plaintiff an injunction at the time of commencing Ms action to obtain judgment, or at any time afterwards before judgment…
2Cases cited1 opinion
- Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830
3Cited by31 opinions
- Gould v. . Cayuga County National BankNew York Court of Appeals · 1881
- Third Nat. Bank in Nashville v. Impac Limited, Inc.Supreme Court of the United States · 1977
- Farmers' & Merchants' State Bank v. United States Fidelity & Guaranty Co.South Dakota Supreme Court · 1911
- Weaver v. . HavilandNew York Court of Appeals · 1894
- Draper v. BrownWisconsin Supreme Court · 1902
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