Rawson v. Copland
New York Court of Chancery
This was an appeal, by the complainant, from a decree of the. assistant vice chancellor of the first circuit. In September, 1835, I. Bennem bought of A. Prince four lots of land it) Brooklyn, and gave back a bond and mortgage upon two of those lots for $1900; payable in five years, with semi-annual interest. He also gave back a similar bond and mortgage upon the other two lots for the like sum, and payable at the same time.
Read the full summary
This was an appeal, by the complainant, from a decree of the. assistant vice chancellor of the first circuit. In September, 1835, I. Bennem bought of A. Prince four lots of land it) Brooklyn, and gave back a bond and mortgage upon two of those lots for $1900; payable in five years, with semi-annual interest. He also gave back a similar bond and mortgage upon the other two lots for the like sum, and payable at the same time. Bennem subsequently sold one of the lots embraced in each of those mortgages, to the defendant E. Copland, subject to the payment of one half the amount secured by the…
1Opinion of the Court
The Chancellor.
The decision of the assistant vice chancellor was unquestionably correct. The revised statutes provide that in suits brought by executors and administrators, demands existing against their testators or intestates, and be- ' onging to the defendant at the time of their deaths, may be set off, by the defendant, in the same manner as if the action had been brought by, and in the name of, the deceased. (2 R. S. 355, §§ 33, 37, of 2d ed.) To entitle the defendant to an offset against the executor or administrator, it is not necessary that the defendant’s debt should have been…
2Cited by4 opinions
- Patterson v. . PattersonNew York Court of Appeals · 1875
- Ainsworth v. Bank of CaliforniaCalifornia Supreme Court · 1897
- Convery v. LangdonIndiana Supreme Court · 1879
- Patterson v. PattersonNew York Court of Appeals · 1875