Taylor v. Read
New York Court of Chancery
The bill in this cause was filed for the purpose of enforcing alien upon a land contract, given by Sir J. L. Johnstone to R. Topping, which by divers assignments afterwards came to Hannah, the mother of Hudson Topping. The contract was pledged to the complainant to secure the performance of an agreement with him by Hudson Topping for the delivery of 500 saw-logs, at ,his saw-mill, and was afterwards assigned to the defendant Read, by Hannah Topping.
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The bill in this cause was filed for the purpose of enforcing alien upon a land contract, given by Sir J. L. Johnstone to R. Topping, which by divers assignments afterwards came to Hannah, the mother of Hudson Topping. The contract was pledged to the complainant to secure the performance of an agreement with him by Hudson Topping for the delivery of 500 saw-logs, at ,his saw-mill, and was afterwards assigned to the defendant Read, by Hannah Topping. The cause was heard before the equity court of the sixth circuit upon pleadings and proofs. And in March, 1830, the vice chancellor of that…
1Opinion of the Court
The Chancellor.
The only question which, is properly before me on this appeal is as to the correctness of the vice chancellor’s decision in allowing the exceptions to the master’s last report, and fixing the complainant’s damages at a larger sum than had been allowed by the master. The original decree of March, 1830, was, for all substantial purposes, a final decree; and not being appealed from within the time allowed by law for appealing, it cannot now be altered or reversed by the appellate court. It settled all the rights of the parties, except as to the amount of damages sustained by the…
2Cases cited4 opinions
- M'Millan v. VanderlipNew York Supreme Court · 1815
- Dox v. DeyNew York Supreme Court · 1829
- Dey v. DoxNew York Supreme Court · 1832
- Stephens v. BeardNew York Supreme Court · 1830
3Cited by20 opinions
- Wicker v. HoppockSupreme Court of the United States · 1867
- Costigan v. Mohawk & Hudson Rail-RoadNew York Supreme Court · 1846
- Pomeroy v. BentonSupreme Court of Missouri · 1882
- Lawrence v. PorterCourt of Appeals for the Sixth Circuit · 1894
- Garner v. PrewittSupreme Court of Alabama · 1858
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