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1 How. Pr. 80

Titus v. Kent

New York Supreme Court

Decided February 15, 1845

New York Supreme Court · decided 1845-02-15

Motion on behalf of Joseph A. Kent for a mandamus commanding or requiring the trustees of the estate of Walter P. Clark, Loomis Palmer, Silas Crane and Joseph A. Kent, non-resident debtors to appoint or nominate and have appointed, in the manner prescribed by statute, referees, to hear and determine the controversy which has arisen between the said Joseph A. Kent, whose property has been attached, and the said trustees, as to the indebtedness of the said Kent to said Titus…

Decided 1845-02-15

By the court, Nelson, Chief Justice.

¶1We are all inclined to think that the statute is broad enough to enable the nonresident debtor to contest the validity of the debts presented and claimed against him under and in pursuance of the 19th and several succeeding sections of the statute (1 R. S., p 800, i.). The propriety and justice of such a construction, if fairly within the language, is manifest. The grossest frauds and *82impositions might be practiced, unless an opportunity is, in some way, afforded to contest pretended claims before the trustees. The non-resident debtor is most deeply interested in the question. Mandamus allowed.

¶2Rule accordingly.

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