Dias v. Brunell's
New York Supreme Court
Demurrer to declaration. The plaintiff declared in assumpsit, setting forth that on the 14th day of May, 1833, two individuals, named Castro and Uenriquez, executed to the testator, his heirs, executors, administrators, and assigns, a conveyance of divers goods, &c. of the value of $100,000, in trust to convert the same into money and apply the proceeds •• 1. To *the payment of the expenses of the trust; 2. To repay himself cer- [ *10 ] tain advances, and 3. To pay certain…
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Demurrer to declaration. The plaintiff declared in assumpsit, setting forth that on the 14th day of May, 1833, two individuals, named Castro and Uenriquez, executed to the testator, his heirs, executors, administrators, and assigns, a conveyance of divers goods, &c. of the value of $100,000, in trust to convert the same into money and apply the proceeds •• 1. To *the payment of the expenses of the trust; 2. To repay himself cer- [ *10 ] tain advances, and 3. To pay certain bonds to the United States, executed, some by Castro jointly with Brunell and others by Castro jointly with Brunell and…
1Opinion of the Court
By the Court,
Nelson, Ch. J.
This action was probably brought upon the strength of the case of Weston v. Barker, 12 Johns. R. 276, but it is distinguishable from it in two very important particulars.
1. The judgment there was manifestly placed upon the ground, that the facts disclosed amounted to an express promise on the part of the trustee to pay the plaintiff’s demand. He had agreed in terms to hold the balance in his hands subject to the order of the assignors, and which was made in favour of the plaintiff, and notice communicated before the money was received. After this, the court regarded…
2Cases cited1 opinion
- Parsons v. De ForestThe Superior Court of New York City · 1829
3Cited by7 opinions
- Husted v. . ThomsonNew York Court of Appeals · 1899
- Johnson v. JohnsonMassachusetts Supreme Judicial Court · 1876
- Husted v. StoneSupreme Court of Vermont · 1896
- Curtis v. SmithU.S. Circuit Court for the District of Connecticut · 1869
- In re the Assignment for the Benefit of Creditors of TouseyAppellate Division of the Supreme Court of the State of New York · 1896
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