Plet v. Bouchaud
New York Court of Chancery
Louis Plet, a colored man and the father of the complainant, had had business transactions with the defendant, Joseph Bouchaud; and in the year one thousand eight hundred and twenty-two, a settlement of accounts took place between them. Louis Plet died in the year one thousand eight hundred and twenty-three, and devised whatever estate he possessed to Jane Rose, who had been induced to assign all claim and right in the matter embraced by this suit to the complainant.
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Louis Plet, a colored man and the father of the complainant, had had business transactions with the defendant, Joseph Bouchaud; and in the year one thousand eight hundred and twenty-two, a settlement of accounts took place between them. Louis Plet died in the year one thousand eight hundred and twenty-three, and devised whatever estate he possessed to Jane Rose, who had been induced to assign all claim and right in the matter embraced by this suit to the complainant. The complainant insisted that, when there was such settlement, the defendant took certain property coupled with a trust; and…
1Opinion of the Court
The Vice-Chancellor :
The main point in this case is, whether the relation of debtor and creditor or mortgagor and mortgagee continued after the year one thousand eight hundred and twenty-two. The delay to assert this claim from the death of Louis Piet in one thousand eight hundred and twenty-three, until one thousand eight hundred and thirty-four, when the bill was filed, rendering it a stale demand, is, of itself, suspicious. It is in vain for his representatives to say they were not aware of it, since the members of his family have endeavored to prove the dying declarations of Louis Piet,…
2Cited by3 opinions
- People v. ChuckCalifornia Supreme Court · 1885
- Johnson v. HopkinsSupreme Court of Iowa · 1865
- Sweigart v. Piqua Milling Co.Ohio Court of Appeals · 1943