Fitch v. Smith
New York Court of Chancery
This was an appeal by Fitch, the complainant in the first of the above causes, from a decision of the vice chancellor of the eighth circuit. The complainants, respectively, were judgment creditors of the defendant Smith, and filed creditors’ bills against him, to obtain satisfaction of their debts.
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This was an appeal by Fitch, the complainant in the first of the above causes, from a decision of the vice chancellor of the eighth circuit. The complainants, respectively, were judgment creditors of the defendant Smith, and filed creditors’ bills against him, to obtain satisfaction of their debts. The solicitors of both complainants resided at Buffalo, and sent their bills by the same mail to Rochester to be filed, and to obtain injunctions thereon—the first bill directed to a deputy in the office of the clerk in chancery, and the last to the clerk himself. The deputy, not noticing that an…
1Opinion of the Court
The Chancellor.
The complainants in both of these cases sent their bills to the clerk’s office at the same time 5 neither being aware of the fact that the other was about to commence a suit against the same defendant for a similar purpose. But owing to a mistake the deputy clerk who acted as the appellant’s agent, filed the bill immediately, and without applying to the vice chancellor for an injunction thereon ; in consequence of which mistake that bill got on to the files of the court two hours before the respondent’s bill. And if the filing of the bill, before taking out and serving a…
2Cited by10 opinions
- International Paper Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1919
- United States v. American Lumber Co.Court of Appeals for the Ninth Circuit · 1898
- Hermann v. Mexican Petroleum Corp.New Jersey Court of Chancery · 1915
- United States v. American Lumber Co.U.S. Circuit Court for the District of Northern California · 1897
- Eckel v. Shell, C., Products, Inc.New Jersey Court of Chancery · 1933
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