Johnson & Miller v. Hunt
New York Supreme Court
Error from the Chenango common pleas. The defendants in error as trustees of an absconding debtor, one II. T. Hollis, brought an action of trover against Johnson & Miller, the plaintiffs in error, for a horse and waggon and other property obtained by them, in the state of Pennsylvania, from Hollis, the absconding debtor. Hollis and the defendants below were residents in the county of Chenango, in this state. On 19th February, 1815, Hollis absconded.
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Error from the Chenango common pleas. The defendants in error as trustees of an absconding debtor, one II. T. Hollis, brought an action of trover against Johnson & Miller, the plaintiffs in error, for a horse and waggon and other property obtained by them, in the state of Pennsylvania, from Hollis, the absconding debtor. Hollis and the defendants below were residents in the county of Chenango, in this state. On 19th February, 1815, Hollis absconded. On 5th day of March, a warrant was issued by a circuit judge, in pursuance of the provisions of the revised statutes, specified in the article, “…
1Opinion of the CourtCowen, J.
*By the Court, The statute concerning attachments [ *89 ] against absconding debtors, who are residents of this state, (1 R. S. 764, 2d ed.) authorizes a summary ex parte proceeding, without personal notice, even to the debtor, by which the title to his entire estate, real and personal, may be divested, and assigned to his trustees ; by whom it is to be converted into cash, and the proceeds distributed in payment of his debts. To guard, as far as possible, against fraud upon the fund, and preferences of one creditor over another, the 32d § declares, that all sales, assignments, transfers,…
2Cases cited8 opinions
- Ogden v. SaundersSupreme Court of the United States · 1827
- Harrison v. SterrySupreme Court of the United States · 1809
- Ingraham v. GeyerMassachusetts Supreme Judicial Court · 1816
- Abraham v. PlestoroCourt for the Trial of Impeachments and Correction of Errors · 1829
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
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3Cited by4 opinions
- Talmage v. PellNew York Court of Chancery · 1842
- Ackerman v. CrossNew York Supreme Court · 1863
- Crapo v. KellySupreme Court of the United States · 1873
- Hibernia National Bank v. LacombeNew York Supreme Court · 1880