Vanbuskirk v. Hartford Fire Insurance Co.
Supreme Court of Connecticut
Tins was a scire-facias in a process of foreign attachment. The original suit was brought by the plaintiffs against Jo-, seph Mortimer, of the city of New-York; and the writ was served, by leaving a copy thereof with the present defendants, on the 24th of February, 1837. The indebtedness of the defendants to Mortimer consisted of a claim against them ip his favour for a loss on a policy of insurance, effected by them, on his property, which was consumed by fire, in the month…
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Tins was a scire-facias in a process of foreign attachment. The original suit was brought by the plaintiffs against Jo-, seph Mortimer, of the city of New-York; and the writ was served, by leaving a copy thereof with the present defendants, on the 24th of February, 1837. The indebtedness of the defendants to Mortimer consisted of a claim against them ip his favour for a loss on a policy of insurance, effected by them, on his property, which was consumed by fire, in the month of December, 1836, within the period covered by the policy; and such proceedings were had thereupon, that the…
1Opinion of the CourtWaite, J.
The plaintiffs brought their suit, by foreign attachment, against Joseph Mortimer, and attached a debt claimed to be due to him from the defendants upon a policy of insurance. Having recovered judgment in that suit, they brought their scire-facias against the defendants to recover their demand. Payment was resisted, by the defendants, upon the ground of an assignment of the debt made to John Mortimer, previous to the attachment. It is found, by the court below, that no notice of that assignment was given to the defendants until long after the attachment.
The question arising in this case, is,…
2Cases cited4 opinions
- Bishop v. HolcombSupreme Court of Connecticut · 1835
- Tudor Woodbridge & Co. v. PerkinsSupreme Court of Connecticut · 1809
- Judah v. JuddSupreme Court of Connecticut · 1813
- Beach v. BaldwinSupreme Court of Connecticut · 1833
3Cited by14 opinions
- Salem Trust Co. v. Manufacturers' Finance Co.Supreme Court of the United States · 1924
- Russell v. Fred G. Pohl Co.Supreme Court of New Jersey · 1951
- Hess & Skinner Engineering Co. v. TurneyCourt of Appeals of Texas · 1918
- M. Ward & Co. v. MorrisonSupreme Court of Vermont · 1853
- Jones v. SmithMichigan Supreme Court · 1871
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