Balde v. Smith
This text of 5 Sarat. Ch. Sent. 11 (Balde v. Smith) is published on Counsel Stack Legal Research, covering New York Court of Chancery primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Decided that an accord without satisfaction — as for example, an agreement to receive property in part payment of a judgment, and an endorsed note for the balance — is not a discharge of the judgment, so as to prevent the filing of a creditor’s bill and the appointment of a receiver.
Decided also, that an offer by a defendant in a judgment to turn out to the sheriff sufficient property to satisfy the execution, is no defence to the appointment of a receiver upon a creditor’s bill; as the defendant has his remedy against the sheriff, if he makes a ialse return.
Usual order of reference to a master in the county of Sara-toga to appoint a receiver.
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Cite This Page — Counsel Stack
5 Sarat. Ch. Sent. 11, 1845 N.Y. LEXIS 345, Counsel Stack Legal Research, https://law.counselstack.com/opinion/balde-v-smith-nychanct-1845.