Apollos R. Wetmore et al., Appellants, v. Julius Candee et al., Respondents

Apollos R. Wetmore et al., Appellants, v. Julius Candee et al., Respondents. (Argued April 24, 1872; decided April 30, 1872.) Action in the nature of a creditor’s bill by plaintiffs as judgment creditors of the firm of Stafford & Candee, composed of Julius 0. Candee and John W. Stafford, two of the defendants. The firm had assigned to defendant, Julius Candee, a quantity of notes and accounts as collateral security for a claim against them. The latter placed them in the hands of Julius O. for collection. A portion of the accounts were sold at auction and bid in by defendant, William B. Candee, nominally, but merely for the purpose of compromising. William obtained judgments in his name upon some of the accounts. A sufficient sum having been realized to pay the claim of Julius, he and William united in a transfer back to the firm of the balance of the “ notes and accounts,” and neither claimed any interest in the property thereafter. Held, the complaint was properly dismissed, as to Julius Candee, but that as the transfer back did not specify the judgments which were prima facie the property of William, the latter was a proper party in order to determine his rights thereto. T. G. Campbell for the appellants. H. Sheldon for the respondents. [MAJORITY — Grover, J.,] Grover, J., reads opinion for affirmance as to Julius Candee, and reversal and new trial as to William B. Candee. All concur. Judgment accordingly.