Citation Numbers: 19 A. 330, 16 R.I. 717
Judges: PER CURIAM.
Filed Date: 2/8/1890
Status: Precedential
Modified Date: 1/13/2023
This is a suit in equity brought by the complainant, as a judgment creditor of one Hezekiah H. Smith, against said Smith and others. The object of the suit is to have certain money belonging to Smith, now in the hands of Carroll McParlin, applied to the payment of the judgment debt. The bill does not show that the complainant has acquired any lien upon the money, or that he has any claim to the equitable interposition of the court, except that he obtained a judgment upon his claim, and had an execution on such judgment *Page 718
returned unsatisfied, and has since obtained a second judgment upon the former judgment, which might, perhaps, entitle him to maintain the bill if its purpose was to reach equitable assets. The bill alleges that Smith is and has long been insolvent, and that, being so, he has, with intent to prevent the complainant from collecting his judgment, made a pretended assignment of said money, without consideration, to the defendant, Jacob W. Mathewson, and that Mathewson has commenced an action in this court to recover the money, which action is still pending. The bill further alleges that the complainant believes said action was begun to prevent him from reaching said money at law by trustee process. The money, of course, in the hands of Carroll
McParlin, is a chose in action. In Greene v. Keene,