Thatcher v. Candee
New York Court of Appeals
Andrew Thatcher and Hanning Marselis (the latter of whom died pending the action) sued William L. Candee in the supreme court.
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Andrew Thatcher and Hanning Marselis (the latter of whom died pending the action) sued William L. Candee in the supreme court. Their complaint alleged the following matters: About June 31, 1838, one John Hagaman, for the purpose of applying his property, real and personal, to pay his debts, conveyed specified real estate to plaintiffs and David W. Candee and Francis Hagaman, and at the same time assigned his personal property to the same persons, both grants being upon trust to pay his ' debts in a certain order. On April 10, 1838, the defendant having purchased the real estate at public sale…
1Opinion of the CourtLeonard, J.
The inquiry raised by the last objection, it seems unnecessary to discuss. The counsel for the defendant has made no point in respect to it, and there can be no doubt that the facts stated do constitute a cause of action. »
The defendant insists that there is an improper joinder of actions, because, as he supposes, the demand of one thousand three hundred and twenty-one dollars arises for a sum due to Thatcher and Marselis, for money paid by them to satisfy certain judgments upon the real estate sold, for which they had become personally responsible, while the demand for three thousand and…
2Cases cited4 opinions
- Shepherd v. M'EversNew York Court of Chancery · 1819
- Cruger v. HallidayNew York Court of Chancery · 1844
- Ridgeley v. JohnsonNew York Supreme Court · 1851
- Brinckerhoff v. WempleNew York Supreme Court · 1828
3Cited by4 opinions
- Cumming v. Middletown, Unionville & Water Gap RailroadAppellate Division of the Supreme Court of the State of New York · 1911
- Allison & Ver Valen Co. v. McNeeNew York Supreme Court · 1939
- King v. Corning Trust Co.New York Supreme Court · 1927
- Keiley v. DusenburyThe Superior Court of New York City · 1877