New York Court of Chancery, 1846

Scouten v. Bender

Scouten v. Bender
New York Court of Chancery · Decided August 24, 1846
6 Sarat. Ch. Sent. 39; 1846 N.Y. LEXIS 283

Counsel

M. T. Reynolds and W. J. Hough, for appellants;, A. Tabee., for respondents.

Scouten v. Bender

Opinion of the Court

Deci-

ded &at where the complainant or appellant assigns his interest subject matter of the suit, pendente lite, either ahsolutety or conditionally, and obtains a re-assignment thereof before any further proceedings are had in the cause, it is not necessary to bring the temporary assignee before the court by a bill in the nature of a bill of revivor. But the assignor in such a case, who has subsequently been restored to his former rights, may proceed in the same manner as if no such assignment had been made.

Motion to dismiss appeal denied with costs.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.