Wiggins v. Armstrong

A creditor at large, or before judgment, is not entitled to the interference of this Court, by injunction, to prevent the debtor from disposing of his property in fraud of such creditor.

[ * 145 ] THE bill stated, that the defendant Doty, on the 24th of October, 1815, purchased of the plaintiffs goods to the value of 1,262 dollars and 55 cents, on a credit of six months, which sum was now due. That the defendant Doty, in 1815, gave the plaintiffs his note for 1,255 dollars, for other goods sold, and which note was due, and a balance thereon unpaid of 609 dollars and 18 cents. That W. and A. Green lately became endorsers of sundry notes for the defendants to 4.000 dollars, who, to secure them, in February last, executed to them a judgment bond for 4,000 dollars, on which a judgment was, at the time, entered. That the defendant A. then became endorser for D., on the notes aforesaid, and exonerated W. and S. Green, who assigned the judgment to the defendant A. That D., in October last, recommended the defendant M. to the plaintiffs for the purchase of goods, and M. purchased goods of the plaintiffs to 1,627 dollars and 9 cents,' on a credit of 6 months. That the notes endorsed by the defendant A. have been reduced to 1,800 dollars. That M. and D. are embarrassed, and to defraud the plaintiffs, D., in collusion with A. gave a judgment to A. for 15.000 dollars, in March last, and M. and D., in collusion with A., have jointly given a judgment to A. for 18,000 dollars, in March last. That the plaintiffs have commenced suits against D. and M., but have not yet obtained judgment. That the two last judgments were voluntary, and without consideration, *and with intent to defraud the plaintiffs. The plaintiffs prayed for relief, and for an injunction against proceeding on the judgments by execution, &c.; and an injunction was granted. No answer had been put in by the defendants.