Dix v. Briggs
New York Court of Chancery
This was an application for the appointment of a receiver, upon a creditor’s bill. - Different plaintiffs, having three judgments recovered by them respectively in a justice’s court, which judgments in the aggregate amounted to more than $100, but no one of which amounted to $50 at the time of the recovery thereof, joined as complainants in this suit.
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This was an application for the appointment of a receiver, upon a creditor’s bill. - Different plaintiffs, having three judgments recovered by them respectively in a justice’s court, which judgments in the aggregate amounted to more than $100, but no one of which amounted to $50 at the time of the recovery thereof, joined as complainants in this suit. The defendant’s counsel insisted that different plaintiffs could not thus join in one suit for the purpose of giving this court jurisdiction of the case. Another objection to the right of the complainants to the appointment of a receiver was,…
1Opinion of the Court
The Chancellor.
Two or more persons having separate judgments against the same party, exceeding $100 each, and whose remedies at law have been exhausted, so as to entitle each to come into this court for relief against the property of the defendant which could not be reached by their executions, may join in a creditor’s suit. It is not necessary in such a case that they should file separate bills. (Lentilhon v. Moffat, 1 Edw. Ch. Rep. 451.) And I can see no reasonable objection to a similar joinder of complainants where the amount due upon the judgment of each is less than $100; provided the…
2Cases cited1 opinion
- Lentilhon v. MoffatNew York Court of Chancery · 1833
3Cited by13 opinions
- Importers & Traders' National Bank v. QuackenbushNew York Court of Appeals · 1894
- Crippen v. . HudsonNew York Court of Appeals · 1855
- Steere v. HoaglandIllinois Supreme Court · 1866
- Rocky Mountain National Bank v. . BlissNew York Court of Appeals · 1882
- Peterson v. GittingsSupreme Court of Iowa · 1899
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