In re Ingraham

New York Court of Chancery

In re Ingraham

5 Sarat. Ch. Sent. 22

DecidedAugust 5, 1845

StatusPublished

This text of 5 Sarat. Ch. Sent. 22 (In re Ingraham) 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

In re Ingraham, 5 Sarat. Ch. Sent. 22 (N.Y. 1845).

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Opinion

Petition by S. Ingraham, a stranger to the suit of H. G. Harrison v. Jonas Ingraham and D. Bolles, to have a demand which he has against a firm in which the defendants were partners, paid out of the funds in the hands of the receiver in that cause. The chancellor denied the application, with $12 costs ; on the groiind that the court Has no jurisdiction to interfere in this summary vteiy, even if the petitioner had a preferablfe claim to the funds in question. That if he had any equitable claim to any funds which aré affected by the decree, he should file a bill in this court making the complainants and the several members of the firm defendants. But that he would not be in d situation to file such a bill until he hud exhausted his remedy at law against his debtors, by judgment and fe&ecution."

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Petition by S. Ingraham, a stranger to the suit of H. G. Harrison v. Jonas Ingraham and D. Bolles, to have a demand which he has against a firm in which the defendants were partners, paid out of the funds in the hands of the receiver in that cause. The chancellor denied the application, with $12 costs ; on the groiind that the court Has no jurisdiction to interfere in this summary vteiy, even if the petitioner had a preferablfe claim to the funds in question. That if he had any equitable claim to any funds which aré affected by the decree, he should file a bill in this court making the complainants and the several members of the firm defendants. But that he would not be in d situation to file such a bill until he hud exhausted his remedy at law against his debtors, by judgment and fe&ecution."

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Bluebook (online)

5 Sarat. Ch. Sent. 22, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ingraham-nychanct-1845.