Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New-York, [1828-1841] Volume 18

Reports of Cases Argued and Determined in the Supreme Court of Judicature and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New-York, [1828-1841] Volume 18

By (author) 

List price: US$22.40

Currently unavailable

Add to wishlist

AbeBooks may have this title (opens in new window).

Try AbeBooks

Description

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1839 edition. Excerpt: ... his honor the chancellor, in delivering his opinion on the making of the decree now under consideration, says: " I have no doubt upon the question that the covenant of Gracie to pay the creditors out of the monies which should be received by, him, or his representatives, on account of his French claims, was an equitable mortgage or specific appropriation of that fimd, for the payment of the creditors who came in under the assignment, so as to entitle them to a preference over other creditors in relation to that fund, so far as the proceeds theredf can be traced and identified." This decision seems to have been made principally upon the authority of Mauran v. Clark, 3 Paige, 373, and Bradley v. Root, 5 id. 632; but neither of these cases, I apprehend, will be found in point upon a critical examination. In.Mauran v. Clark, Hodges, an extensive shipping merchant of Providence, previous to June, 1829, was indebted to Mauran of the city of New-York, in the sum of $7000. Upon application for payment, he directed his agentin Curracoa to close his mer cantile affairs at that place, and to ship the balance of his funds to New-York, consigned to Mauran. He soon after wrote Mauran among other things, "I have ordered the balance of my funds at Curracoa to be forwarded to you, which when you receive you will please place to my credit in account." The funds were duly shipped in doubloons consigned to Mauran, and the bill of lading delivered to the master of the brig. Two days after the doubloons were shipped, Hodges failed and made a general assignment of all his property. The doubloons were received at the custom house and claimed by Mauran, and shortly after, on the same day, by the assignees. Upon bill of interpleader it Was...show more

Product details

  • Paperback
  • 189 x 246 x 13mm | 440g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236983955
  • 9781236983954