Legal Opinion

Beach v. President of the Fulton Bank

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1829PublishedCited by 46 opinions

Appeal from chancery. The respondents being the holders of a promissory note for $15,000, made by the appellants payable to Keeler and Rogers, a mercantile firm in the city of New-York, and negotiated by them, filed their bill to enforce the trusts contained in certain deeds of assignment executed by Keeler and Rogers to the appellants.

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Appeal from chancery. The respondents being the holders of a promissory note for $15,000, made by the appellants payable to Keeler and Rogers, a mercantile firm in the city of New-York, and negotiated by them, filed their bill to enforce the trusts contained in certain deeds of assignment executed by Keeler and Rogers to the appellants. The appellants, for the accommodation of Keeler and Rogers, and to enable them to continue their commercial operations, on the 22d October, 1825, made and signed four promissory notes, one for $5000, a second for $10,000, a third for $15,000, and a fourth for…

1Opinion of the Court

The following opinions were pronounced:

By Chief Justice Savage.

1. As to the ordinary practice of the court upon a motion for the re-examination of a witness, several cases are found both in our own and in the English Books. In the case of The Trustees of Kingston v. Tappen, (1 Johns. Ch. R. 368,) a witness was ordered to be re-examined after publication passed, upon an affidavit of the witness that his testimony was materially mistaken. The chancellor remarked there was no suggestion of tampering with the witness. He cited 2 P. Wms. 647, where Lord Chancellor King is reported to have said,…

2Cases cited4 opinions

  1. Fanning v. DunhamNew York Court of Chancery · 1821
  2. Jackson v. VarickNew York Supreme Court · 1829
  3. Hallagan v. GoldenNew York Supreme Court · 1828
  4. Coon v. SnyderNew York Supreme Court · 1822

3Cited by46 opinions

  1. Pearson v. DarringtonSupreme Court of Alabama · 1858
  2. Life & Fire Insurance v. Mechanic Fire InsuranceNew York Supreme Court · 1831
  3. Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
  4. Steam Navigation Co. v. WeedNew York Supreme Court · 1853
  5. Jackson ex rel. Sackett v. SackettNew York Supreme Court · 1831

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