Candee v. . Lord
New York Court of Appeals
Appeal from the late Court of Chancery. On the 29th of March, 1844, the complainant recovered judgment against the defendant Russell Lord, for $1142,90 damages and costs. This judgment was obtained upon a demand which existed anterior to the judgments hereafter mentioned.
Read the full summary
Appeal from the late Court of Chancery. On the 29th of March, 1844, the complainant recovered judgment against the defendant Russell Lord, for $1142,90 damages and costs. This judgment was obtained upon a demand which existed anterior to the judgments hereafter mentioned. After execution had been duly issued and returned unsatisfied, the complainant filed his bill in this cause, before the vice chancellor of the Fifth Circuit, against the judgment debtor, and against Henry Lord, and William Champlin, setting forth the recovery of such judgment, and the issuing and return of the execution; and…
1Opinion of the CourtGardiner, J.
The most important question in this cause, is whether a judgment obtained without fraud or collusion, is conclusive evidence in suits between creditors, in relation to the property of the judgment debtor, of the indebtedness of the latter.
A debtor may be said to sustain two distinct relations to his property; that of owner, and quasi trustee for his creditors. As owner he may contract'debts to be satisfied out of his property, confess judgments, create liens upon it, sell or give it to thers at pleasureand so far as he is personally concerned, ' will be bound by his own acts. But the law lays…
2Cases cited2 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Marsh v. PierSupreme Court of Pennsylvania · 1833
3Cited by59 opinions
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Compton v. JesupCourt of Appeals for the Sixth Circuit · 1895
- Strong v. LawrenceSupreme Court of Iowa · 1882
- Carpenter v. . OsbornNew York Court of Appeals · 1886
- Valley Bank v. MalcolmArizona Supreme Court · 1922
54 more not listed; retrieve them via the Exa API.