Legal Opinion

Gray v. . Schenck

New York Court of Appeals

Decided April 5, 1851PublishedCited by 6 opinions

Gray recovered judgment at law against William Schenck, in December, 1845, and after execution returned unsatisfied, filed the bill in this cause against the debtor and his son Benjamin Schenck, in the nature of a creditor’s bill, alledging, amongst other things, that certain moneys were due from Benjamin to William on a mortgage, which ought to be applied on the judgment, and which said mortgage was executed by Benjamin to William, March 1, 1838. The answer of the defendant…

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Gray recovered judgment at law against William Schenck, in December, 1845, and after execution returned unsatisfied, filed the bill in this cause against the debtor and his son Benjamin Schenck, in the nature of a creditor’s bill, alledging, amongst other things, that certain moneys were due from Benjamin to William on a mortgage, which ought to be applied on the judgment, and which said mortgage was executed by Benjamin to William, March 1, 1838. The answer of the defendant Benjamin Schenck denied that any moneys were due from him upon the mortgage, and set forth various facts tending to…

1Opinion of the CourtGardiner, J.

The objection that Kidder, as the assignee of the bond and mortgage executed by the appellant to his father, was a necessary party to the suit, was distinctly made in the answer of the former, and presents the only question necessary to be determined. Respect for the learned court who pronounced the decision in this cause, has induced an examination of a question which otherwise was supposed to involve no difficulty. Kidder has had no day in court. TJpon the ordinary principles upon which justice is administered in courts of equity, he could not be convicted of a fraud, or deprived of his…

2Cases cited1 opinion

  1. Jermain v. LangdonNew York Court of Chancery · 1839

3Cited by6 opinions

  1. Mahr v. Norwich Union Fire Insurance SocietyNew York Court of Appeals · 1891
  2. State v. HydeOregon Supreme Court · 1918
  3. Cook v. LakeAppellate Division of the Supreme Court of the State of New York · 1900
  4. State ex rel. Puget Sound National Bank of Seattle v. Superior Court of King CountyWashington Supreme Court · 1896
  5. Judson v. Courier Co.District Court, S.D. New York · 1883

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