PEAKE v. NEW ORLEANS

No. 852.

139 U.S. 342 (1891)

PEAKE v. NEW ORLEANS.

Supreme Court of United States.

Decided March 9, 1891.


Attorney(s) appearing for the Case

Mr. Richard DeGray for appellant.

Mr. Grover Cleveland for appellant and for John Crossley & Sons, Limited, holders of drainage warrants.

Mr. Carleton Hunt for appellee.

Mr. Thomas J. Semmes for appellant.


MR. JUSTICE BREWER, after stating the facts as above, delivered the opinion of the court.

The bill in equity in this case was based on the judgment at law. That judgment determined the direct liabilities between the parties. It absolved the defendant from any primary obligation of debtor to creditor. It left it chargeable only as trustee of a fund out of which plaintiff's claim was to be paid. It was like a judgment, which in fact against an estate is nominally entered...

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