Storm v. Waddell
New York Court of Chancery
The controversy in these causes, arose upon the claim made by the general assignee in bankruptcy in the city of New York, to receive the funds which had been discovered and secured in judgment creditors suits prosecuted in this court against sundry bankrupts. The complainants in the suits, resisted the claim, insisting that they had, by their respective proceedings, acquired a lien upon the funds, prior to the right of the assignee.
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The controversy in these causes, arose upon the claim made by the general assignee in bankruptcy in the city of New York, to receive the funds which had been discovered and secured in judgment creditors suits prosecuted in this court against sundry bankrupts. The complainants in the suits, resisted the claim, insisting that they had, by their respective proceedings, acquired a lien upon the funds, prior to the right of the assignee. It was said at the hearing, that two or three hundred suits were to be affected by the result; and the question thus rendered very important, was the more…
1Opinion of the Court
The Assistant Vice-Chancellor.
The principal and
most important question discussed in these causes, is presented in the most simple form, in the second suit. I will therefore consider it in the first instance, in reference to that suit.
The bill of De Kay is one of interpleader. He is the debtor of Glover, a- bankrupt, and each of the defendants claims to be entitled to receive the debt. Mr. Merrihew is a receiver appointed by this court, in a suit commenced by Chester and others, judgment creditors of Glover, for the purpose of reaching his equitable interests and things in action ; and founded…
2Cases cited20 opinions
- Swift v. TysonSupreme Court of the United States · 1842
- United States v. FisherSupreme Court of the United States · 1805
- Conard v. Atlantic Ins. Co. of NYSupreme Court of the United States · 1828
- Thelusson v. SmithSupreme Court of the United States · 1817
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
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3Cited by4 opinions
- Texas Trunk Ry. Co. v. Lewis, SheriffTexas Supreme Court · 1891
- Loken v. MagrumNorth Dakota Supreme Court · 1986
- Andrews v. TownshendThe Superior Court of New York City · 1888
- Estate of Pfuelb, Superior Court of California, County of San Francisco1873