Nicholson v. Leavitt
The Superior Court of New York City
The bill in this cause was filed in the laté court of chancery in March, 1847, by judgment and execution creditors of John W. Leavitt and Rufus Leavitt, formerly merchants in the city of New York, under the firm of J. W. & R. Leavitt. The plaintiffs had recovered separate judgments, viz., one by the plaintiff Nicholson, one by Seaver and Dunbar, and one by Spicer.
Read the full summary
The bill in this cause was filed in the laté court of chancery in March, 1847, by judgment and execution creditors of John W. Leavitt and Rufus Leavitt, formerly merchants in the city of New York, under the firm of J. W. & R. Leavitt. The plaintiffs had recovered separate judgments, viz., one by the plaintiff Nicholson, one by Seaver and Dunbar, and one by Spicer. Executions on all the judgments had been returned unsatisfied, by the sheriff of the city and county of New York. The defendants, J. W. & R. Leavitt, suffered the bill to be taken as confessed. The other defendants, David Leavitt…
1Opinion of the Court
By the Court.
Duer, J.
As this case has been, brought to a hearing only against the defendants, D. Leavitt and J. C. Yandervoort, we are required to determine whether, at the time of the filing of the bill, there was in the possession or under the control of these, defendants, or either of them, any property, money, or things in action, belonging to the firm of J. W. and R. Leavitt, or to either of the partners, out of which the satisfaction of the judgments held by the plaintiffs may be justly decreed.
The bill, after specifying the several judgments held by the plaintiffs, and the return of…
2Cases cited9 opinions
- Wakeman v. GroverNew York Court of Chancery · 1832
- Innes v. LansingNew York Court of Chancery · 1839
- Darling v. Rogers & SagoryCourt for the Trial of Impeachments and Correction of Errors · 1839
- Meacham v. SternesNew York Court of Chancery · 1842
- Verplank v. SterryCourt for the Trial of Impeachments and Correction of Errors · 1815
4 more not listed; retrieve them via the Exa API.