Burroughs v. United States
U.S. Circuit Court for New York
[Bill by the United States against Thomas C. Butler and Josiah Sturges to set aside a mortgage executed by Butler and wife to Sturges to indemnify the latter against a bond for the payment of duties, or, by way of other relief, to have the benefit of the mortgage applied to the use of the complainant.
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[Bill by the United States against Thomas C. Butler and Josiah Sturges to set aside a mortgage executed by Butler and wife to Sturges to indemnify the latter against a bond for the payment of duties, or, by way of other relief, to have the benefit of the mortgage applied to the use of the complainant. Sturges answered, setting forth the assignment of the mortgage by him to Oliver Sturges and Benjamin Burroughs, whereupon complainant filed a supplemental bill against Burroughs as survivor. Replications were -filed to tho original and supplemental bills, proofs were taken and an order of…
1Opinion of the Court
THOMPSON, Circuit Justice.
This cause having been referred to a master, to take an account between Butler and Sturges (1 Paine, 525 [U. S. v. Sturges, Case No. 16,-414]), upon the hearing before the master, Sturges was offered as a witness for the defendant, Burroughs, and rejected by the master; and whether he was a competent witness or not, is the sole question upon the present motion. In the report of this case [Case No. 16,414] will be seen the grounds upon which it was deemed necessary that an account should be taken between Butler and Sturges. They were the only original defendants. The…
2Cases cited33 opinions
- Commercial Bank v. HughesNew York Supreme Court · 1837
- Jackson ex dem. Schaick v. DavisNew York Supreme Court · 1825
- Marquand v. WebbNew York Supreme Court · 1819
- Bebee v. President, Directors & Co.New York Supreme Court · 1806
- Case v. ReeveNew York Supreme Court · 1817
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