Schuehle v. . Reiman
New York Court of Appeals
Appeal from order of the General Term of the Superior Court of Buffalo, made April 20, 1880, which affirmed an order of Special Term, the substance whereof is hereinafter stated. On the 2d day of April, 1878, Quipp & Duke assigned their property to the defendant Eeimann in trust for the benefit of their creditors. He gave the bond required by statute (Laws of 1877, chap. 466, § 5), and the plaintiff, with one Mach, became sureties thereon.
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Appeal from order of the General Term of the Superior Court of Buffalo, made April 20, 1880, which affirmed an order of Special Term, the substance whereof is hereinafter stated. On the 2d day of April, 1878, Quipp & Duke assigned their property to the defendant Eeimann in trust for the benefit of their creditors. He gave the bond required by statute (Laws of 1877, chap. 466, § 5), and the plaintiff, with one Mach, became sureties thereon. On the 24th of July, 1879, the plaintiff commenced this action in the Superior Court of the city of Buffalo, in his own name, not stating that it was for…
1Opinion of the CourtDanforth, J.
Where the object of two legal proceedings is the same, convenience as well asa proper regard for the rights of debtor and creditor require if possible that the fund in which both are interested should be subjected to diminution by one litigation only, and the parties themselves spared the unnecessary labor and expense of conducting two controversies over the same matter. It would seem also that if both tribunals, whose interference has been invoked, have equal or concurrent jurisdiction, it should continue to be exercised by that one whose process was first issued. (Rogers v. King, 8 Pai.…
2Cases cited5 opinions
- Hallett & Davis v. HallettNew York Court of Chancery · 1829
- Innes v. LansingNew York Court of Chancery · 1839
- Groshon v. LyonNew York Supreme Court · 1853
- Rogers v. KingNew York Court of Chancery · 1840
- Travis v. . MyersNew York Court of Appeals · 1876
3Cited by56 opinions
- Colson v. PelgramNew York Court of Appeals · 1932
- Matter of LeeNew York Court of Appeals · 1917
- Garlock v. . VandevortNew York Court of Appeals · 1891
- Burmax Co. v. B & S Industries, Inc.Appellate Division of the Supreme Court of the State of New York · 1987
- Ludwig v. BungartAppellate Division of the Supreme Court of the State of New York · 1900
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