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.
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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 01 give it to thers at pleasure; and 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 by2 opinions
- MacVeagh v. LockeAppellate Court of Illinois · 1887
- Breen v. HenryNew York Supreme Court · 1901