Henry v. Henry

New York Court of Chancery

Henry v. Henry

10 Paige Ch. 314, 1843 N.Y. LEXIS 461, 1843 N.Y. Misc. LEXIS 90

DecidedAugust 2, 1843

StatusPublished

This text of 10 Paige Ch. 314 (Henry v. Henry) 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.

Bluebook

Henry v. Henry, 10 Paige Ch. 314, 1843 N.Y. LEXIS 461, 1843 N.Y. Misc. LEXIS 90 (N.Y. 1843).

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Opinion

The Chancellor

decided that it was the duty of the complainant to proceed against the copartnership effects, and the separate property of the defendant who was the real debtor ; so that the same might be delivered over to the receiver for the protection and indemnity of the other defendant, who was in the situation of a surety for his co-defendant for the payment of his debt. And as no good reason was shown for not applying for a receiver of the property of the other defendant, and of the copartnership effects, the application must stand over to enable the complainant to give notice of the application to the other defendant.

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The Chancellor

decided that it was the duty of the complainant to proceed against the copartnership effects, and the separate property of the defendant who was the real debtor ; so that the same might be delivered over to the receiver for the protection and indemnity of the other defendant, who was in the situation of a surety for his co-defendant for the payment of his debt. And as no good reason was shown for not applying for a receiver of the property of the other defendant, and of the copartnership effects, the application must stand over to enable the complainant to give notice of the application to the other defendant.

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Bluebook (online)

10 Paige Ch. 314, 1843 N.Y. LEXIS 461, 1843 N.Y. Misc. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/henry-v-henry-nychanct-1843.