Carnahan v. Pond
New York Court of Common Pleas
Appeal from an order. This was an action by Matthew E. Oarnahan against Loyal S. Pond and Samuel Gilman. After judgment in favor of the defendants, they applied for leave to issue execution against E. W. Tiers & Co., as assignees of the demand in suit. It appeared that the plaintiff assigned his demand to Messrs. Tiers & Go. after suit, but before issue, as collateral security for several demands which they had against him.
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Appeal from an order. This was an action by Matthew E. Oarnahan against Loyal S. Pond and Samuel Gilman. After judgment in favor of the defendants, they applied for leave to issue execution against E. W. Tiers & Co., as assignees of the demand in suit. It appeared that the plaintiff assigned his demand to Messrs. Tiers & Go. after suit, but before issue, as collateral security for several demands which they had against him. There was also an agreement on the part of the plaintiff, that one J. B. Dickerson should receive the surplus collected after satisfying the claim of Tiers & Go. The…
1Opinion of the Court
By the Court.*—Hilton, J.
It appears that soon after this suit was commenced, the plaintiff assigned all his interest in the claim involved in it to the appellants, E. W. Tiers & Co., as collateral security for the payment of an indebtedness to .them. The assignment provided that after the extinguishment of the debt thus intended to be secured, any residue should be paid over to the plaintiff. Thereafter the action seems to have been prosecuted by or on behalf of Tiers & Co.; but for the purposes of this appeal it is quite immaterial whether it was so or not, as the acceptance of the…
2Cases cited2 opinions
- People ex rel. Bailey v. Judges of the Albany Mayor's CourtNew York Supreme Court · 1833
- Schoolcraft v. LathropNew York Supreme Court · 1825