Legal Opinion

Mactier's Administrators v. Frith

Court for the Trial of Impeachments and Correction of Errors

Decided December 15, 1830PublishedCited by 91 opinions

Appeal from chancery. At New-York, in the autumn of 1822, the • respondent and Henry Mactier the intestate, agreed to embark in a commercial adventure, in which they were to be jointly and equally interested.

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Appeal from chancery. At New-York, in the autumn of 1822, the • respondent and Henry Mactier the intestate, agreed to embark in a commercial adventure, in which they were to be jointly and equally interested. Frith was to direct a shipment, of 200 pipes of brandy from France to New-York, to be consigned to Mactier, who was to ship to the respondent at Jacmel, in St. Domingo, provisions to the amount of the invoice cost of the brandy, and the respondent was to place the shippers of the brandy in funds by shipments of coffee to France in French vessels, and the parties were to share . equally…

1Opinion of the Court

*111The following opinions were delivered :

By Mr. Justice Marcy.

The object of the bill filed in this case is to obtain from the administrators of Mactier the proceeds of the 50 pipes of brandy which came to their possession after his death, and the amount of such notes taken on the sale of the 150 pipes on the 22d of March, 1823, as were uncollected and undisposed of at the death of Mactier, or at least so much thereof as may be necessary to pay the balance due the respondent for disbursements on account of the adventure. The question on which the decision in this case, as I apprehend, mainly…

2Cases cited3 opinions

  1. Conyers v. EnnisU.S. Circuit Court for the District of Rhode Island · 1821
  2. Armstrong v. GilchristNew York Supreme Court · 1800
  3. Frith v. LawrenceNew York Court of Chancery · 1829

3Cited by91 opinions

  1. Burton v. United StatesSupreme Court of the United States · 1906
  2. Poel v. . Brunswick-Balke-Collender Co.New York Court of Appeals · 1915
  3. Crown Point Iron Co. v. Ætna InsuranceNew York Court of Appeals · 1891
  4. Gray v. President of the Portland BankMassachusetts Supreme Judicial Court · 1807
  5. Fellows v. PrentissCourt for the Trial of Impeachments and Correction of Errors · 1846

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