Montgomery v. McDermott
Court of Appeals for the Second Circuit
Appeals from the Circuit Court of the United States for the Southern District of New York. These are two suits in equity in aid of .two actions at law brought hy the same plaintiff to enforce alleged liens of attachment upon property of James McHenry, which it is claimed were obtained hy service of the warrants in the actions at law, and which ‘‘have become defective hy the death of McHenry and the nonappearanee of a personal representative” in such actions at law.
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Appeals from the Circuit Court of the United States for the Southern District of New York. These are two suits in equity in aid of .two actions at law brought hy the same plaintiff to enforce alleged liens of attachment upon property of James McHenry, which it is claimed were obtained hy service of the warrants in the actions at law, and which ‘‘have become defective hy the death of McHenry and the nonappearanee of a personal representative” in such actions at law. The suits were heard on pleas and answers and proofs. The circuit court held that: “If no attachment had been issued in tbe…
1Opinion of the CourtLacombe, Circuit Judge
(after stating the facts as above). From 1871 to 1875 James McHenry became indebted to the law firm of Barlow, Larocque & MacFarland in a very considerable sum for profession*803al services, and also to Samuel L. M. Barlow for services rendered in 1872 and 1873 in the purchase of a large amount of railroad shares. These claims were assigned to the complainant, Montgomery, in December, 1886. They are the subject of suit No. 1. McHenry also became indebted, April 5,1873, to Charles Day, in a considerable sum, on account of certain Atlantic & Great Western Kailroad bonds. This claim, also, was…
2Cases cited15 opinions
- Case v. BeauregardSupreme Court of the United States · 1880
- Thurber v. . BlanckNew York Court of Appeals · 1872
- People Ex Rel. Cauffman v. . Van BurenNew York Court of Appeals · 1892
- Anthony v. . WoodNew York Court of Appeals · 1884
- Lawrence v. . Bank of the RepublicNew York Court of Appeals · 1866
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