Hicks v. Hotchkiss
New York Court of Chancery
ON a re-hearing. The bill stated, thatHesékiah $. Beach, of Connecticut, now of the West Indies, on the 2Sth of October, 1816, assigned to the plaintiff all the debt and sum or sums of money, whatsoever, due and owing to him from the firm of W. S. Sy S. Hotchkiss, (defendants,) of JSTew-Haven, in the state of Connecticut, and from the defendants, Goodrich Sy Deforest, partners, of the same place, in trust, &C», giving the plaintiff a full power to demand and receive the…
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ON a re-hearing. The bill stated, thatHesékiah $. Beach, of Connecticut, now of the West Indies, on the 2Sth of October, 1816, assigned to the plaintiff all the debt and sum or sums of money, whatsoever, due and owing to him from the firm of W. S. Sy S. Hotchkiss, (defendants,) of JSTew-Haven, in the state of Connecticut, and from the defendants, Goodrich Sy Deforest, partners, of the same place, in trust, &C», giving the plaintiff a full power to demand and receive the same, fee. The debt, or demand, so assigned, was stated to amount to 2000 dollars, being the one fourth part of the proceeds…
1Opinion of the Court
The Chancellor.
The contract upon which the present demand is founded, was made in the state of Connecticut. In July, 1813, H. S. Beach, (whose interest the plaintiff represents,) G. Peck, and the defendants, being at JVeiti Haven, in Connecticut, and engaged in business there, became concerned in a commercial adventure to the West Indies; the cargo of the return voyage was consigned to the defendants W. S. and S. Hotchkiss, and delivered to them in Rhode Island, the latter end of the year 1813. If was shortly thereafter sold and converted into cash, and those consignees became responsible to…
2Cases cited3 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Blanchard v. RussellMassachusetts Supreme Judicial Court · 1816
- M'millan v. M'neillSupreme Court of the United States · 1819
3Cited by11 opinions
- Andrews v. HerriotNew York Supreme Court · 1825
- Metropolitan Bank v. . Van DyckNew York Court of Appeals · 1863
- Spooner v. McConnellU.S. Circuit Court for the District of Ohio · 1838
- Folk v. WilsonCourt of Appeals of Maryland · 1864
- McDougall v. PageSupreme Court of Vermont · 1882
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