Legal Opinion

In re Brown

New York Supreme Court

Decided July 15, 1839PublishedCited by 29 opinions

Certiorari tp the Hon. Thomas J. OaJcley, one of the' justices of the superior court of the city of New York, to remove into this 'court, proceedings had before ¿him against John Brown and Hugh Brown, as non-resident debtors.

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Certiorari tp the Hon. Thomas J. OaJcley, one of the' justices of the superior court of the city of New York, to remove into this 'court, proceedings had before ¿him against John Brown and Hugh Brown, as non-resident debtors. By the .return it- appears that on the 5th March, 1838, Thomas Dewey, Thomas C. Doremus and Brands Griffin, of the city of New York, trustees of the estate of J. & A., nonresident debtors, made application in writing to the judge, for an attachment against the estate of John and Hugh Brown, who; were stated to be residents of Ireland, in the kingdom of Great Britain, The…

1Opinion of the Court

By the Court,

Bronson, J.

The trustees of a non-resident debtor are vested by law with all the estate, real and personal, of the debtor; and they have power to sue in their own names, or otherwise, and recover all the estate, debts, and things in action, belonging or due to the debtor. 2 R. S. 41, § 6, 7, 1 think the trustees are creditors within the meaning of the statute, and that they may proceed by attachment as well as in the more usual forms for enforce ing legal demands, If they are creditors, we need not in? quire whether they come within the description of “ personal representatives,”…

2Cases cited1 opinion

  1. In re HollingsheadNew York Supreme Court · 1831

3Cited by29 opinions

  1. Staples v. . FairchildNew York Court of Appeals · 1849
  2. Croswell v. CraneNew York Supreme Court · 1849
  3. McMicken v. CommonwealthSupreme Court of Pennsylvania · 1868
  4. Henavie v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1897
  5. Hall v. . Western Transportation Co.New York Court of Appeals · 1866

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