Beebe v. Bank of New York

Court for the Trial of Impeachments and Correction of Errors

Beebe v. Bank of New York

1 Lock. Rev. Cas. 64

CourtCourt for the Trial of Impeachments and Correction of Errors

DecidedJuly 1, 1799

StatusPublished

This text of 1 Lock. Rev. Cas. 64 (Beebe v. Bank of New York) is published on Counsel Stack Legal Research, covering Court for the Trial of Impeachments and Correction of Errors primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Beebe v. Bank of New York, 1 Lock. Rev. Cas. 64 (N.Y. Super. Ct. 1799).

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Opinion

The Court of Errors also held, that on such an appeal from an interlocutory order, or decree, the Court of'Errors xvill, if the merits of the case be fully presented to them, take them into consideration and make a final decreé.

(This latter point had been previously decided by this court in the cases of Le Guen v. Gouverneur and Kemble, 1 J. C. 436; and Bush v. Livingston, 2 Caines C. E. 56.)

The laches of the assignee of the first judgment in not giving immediate notice to the judgment debtor of the assignment to him, furnished a sufficient equity for postponing [65]*65his lien to that of the junior judgment creditor, who had lent his money, while the satisfaction of the judgment by the original judgment creditor was of record, and still in force.

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The Court of Errors also held, that on such an appeal from an interlocutory order, or decree, the Court of'Errors xvill, if the merits of the case be fully presented to them, take them into consideration and make a final decreé.

(This latter point had been previously decided by this court in the cases of Le Guen v. Gouverneur and Kemble, 1 J. C. 436; and Bush v. Livingston, 2 Caines C. E. 56.)

The laches of the assignee of the first judgment in not giving immediate notice to the judgment debtor of the assignment to him, furnished a sufficient equity for postponing [65]*65his lien to that of the junior judgment creditor, who had lent his money, while the satisfaction of the judgment by the original judgment creditor was of record, and still in force.

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Bluebook (online)

1 Lock. Rev. Cas. 64, Counsel Stack Legal Research, https://law.counselstack.com/opinion/beebe-v-bank-of-new-york-nycterr-1799.