Babcock v. . Eckler
New York Court of Appeals
Appeal from the Supreme Court. The trial was before a referee, who found these facts: In June, 1858, the plaintiff, commenced a suit against the defendant John Eckler to recover his share or proportion of a loss in a venture entered into by • them and one Parks in the purchase of corn. This purchase was made by them in the fall of 1854, but the loss was not ascertained until 1856, and it was then about $900 to each of the three partners.
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Appeal from the Supreme Court. The trial was before a referee, who found these facts: In June, 1858, the plaintiff, commenced a suit against the defendant John Eckler to recover his share or proportion of a loss in a venture entered into by • them and one Parks in the purchase of corn. This purchase was made by them in the fall of 1854, but the loss was not ascertained until 1856, and it was then about $900 to each of the three partners. Parks, subsequently and previous to the commencement of that suit, having- died insolvent, Babcock, the plaintiff, sought to recover from Bckler the half of…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In the examination of this case it is only necessary, in our opinion, to ascertain whether the conveyance of the Brockport property and the transfer of the stock and bond to Mrs. Eckler in November, 1855, were or not valid and effectual to vest the same absolutely in her. For if we come to the conclusion that she was then the legal owner of the property thus conveyed and transferred, it follows as a necessary consequence that she is also the legal owner of the…
2Cases cited5 opinions
- Hinde's Lessee v. LongworthSupreme Court of the United States · 1826
- Reade v. LivingstonNew York Court of Chancery · 1818
- Carpenter v. . RoeNew York Court of Appeals · 1851
- Van Wyck v. SewardNew York Court of Chancery · 1836
- Jackson ex dem. Wyck v. SewardNew York Supreme Court · 1825
3Cited by45 opinions
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Snyder v. FreeSupreme Court of Missouri · 1893
- McKeighan v. HopkinsNebraska Supreme Court · 1886
- Dygert v. RemerschniderNew York Court of Appeals · 1865
- Atlantic National Bank v. TavenerMassachusetts Supreme Judicial Court · 1881
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