Peck v. Trustees of Randall
New York Supreme Court
THIS was an action on the case. The declaration contained eight counts-—!. For services, work, labour, care and diligence as master of two certain vessels, &c.— 2. Quantum meruit thereon—3. For work and labour, care and diligence in recapturing a certain schooner or vessel called the Romp—4. Quantum meruit thereon—5. For work and labour generally—6. Quantum meruit—7. For money paid, laid out and expended—and 8. For money had and received to the use of the plaintiff.
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THIS was an action on the case. The declaration contained eight counts-—!. For services, work, labour, care and diligence as master of two certain vessels, &c.— 2. Quantum meruit thereon—3. For work and labour, care and diligence in recapturing a certain schooner or vessel called the Romp—4. Quantum meruit thereon—5. For work and labour generally—6. Quantum meruit—7. For money paid, laid out and expended—and 8. For money had and received to the use of the plaintiff. The defendants pleaded non assumpsit, and non assumpsit infra sex annos. to which there was a replication and issue. The cause…
1Opinion of the CourtKent, C. J.
The first question is whether the defendants are liable to be prosecuted in this action ?
The court in which the proceedings under the absconding debtor act are pending, has an equitable jurisdiction over all claims between the trustees on the one hand and the debt- or and creditors on the other. This jurisdiction is given by the 29th section of the act (Laws of N. Y. vol. 1,244) which makes “ the trustees subject to such order for the more effectual execution of the act, as shall' be made in the court of which the person appointing them is judge.” It was in pursuance of this power that the…
2Cases cited1 opinion
- Conrad v. PrieurSupreme Court of Louisiana · 1843
3Cited by18 opinions
- Wade v. DoyleSupreme Court of Florida · 1880
- Davis v. BowmarMississippi Supreme Court · 1878
- Nathan v. Equitable Trust Co.New York Court of Appeals · 1929
- De Mill v. MoffatMichigan Supreme Court · 1882
- In re the Estate of SchorerNew York Surrogate's Court · 1935
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