Acker & Chapman v. J. D. & D. A. Phœnix
New York Court of Chancery
The bill in this cause was filed to compel a specific performance of a composition agreement, between the complainants and the defendants, as their creditors.
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The bill in this cause was filed to compel a specific performance of a composition agreement, between the complainants and the defendants, as their creditors. By the composition deed, which was dated the 18th of April, 1832, and executed by the defendants and several, other creditors, the creditors severally agreed to accept of the complainants’ securities at the rate of twelve shillings in the pound, in full satisfaction of the debts due to them respectively torn the complainants jointly, or from Henry Acker separately. The amount of such composition was payable in nine, thirteen, and…
1Opinion of the Court
The Chancellor.
The deed of composition signed by the defendants in this case is as explicit as language can make it, that it shall not be binding on any of the creditors who have executed the same, until all and eveiy of the creditors of the complainants shall have subscribed and sealed it. But these complainants are now attempting to vary the effect of this written agreement in a very essential point, by an allegation that there was a parol understanding, at the time of *308the execution of the deed, that this provision, that all the creditors should join therein, was only to extend to a…
2Cited by8 opinions
- Singleton, Hunt & Co. v. ThomasSupreme Court of Alabama · 1882
- Warren v. SkinnerSupreme Court of Connecticut · 1850
- Burton v. Le RoyU.S. Circuit Court for the District of California · 1879
- Fordice v. ScribnerIndiana Supreme Court · 1886
- Brisbois v. Sibley & RobertsSupreme Court of Minnesota · 1856
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