Doolittle v. Southworth
New York Supreme Court
In Eütjity. This was an appeal from a decree of the late vice chancellor of the fifth circuit. On the 4th of January, 1845, Charles Kathern and Harvey Doolittle, copartners in the mercantile business at Herkimer, under the firm of Kathern & Doolittle, being indebted to various persons and in various amounts, beyond their ability to pay, made an assignment of all their property, real and personal, to the complainant, in trust for the payment of the debts owing by the said…
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In Eütjity. This was an appeal from a decree of the late vice chancellor of the fifth circuit. On the 4th of January, 1845, Charles Kathern and Harvey Doolittle, copartners in the mercantile business at Herkimer, under the firm of Kathern & Doolittle, being indebted to various persons and in various amounts, beyond their ability to pay, made an assignment of all their property, real and personal, to the complainant, in trust for the payment of the debts owing by the said firm, in the order and manner therein particularly mentioned. The complainant having accepted the trust, filed his bill in…
1Opinion of the Court
After hearing counsel for the respective parties, upon the appeal,
The Court unanimously affirmed the decree appealed from, for the reasons stated by the vice chancellor in the opinion delivered by him on deciding the cause; which opinion they adopted as their own. It is as follows:
P. Gridley, Y. C. The bill was filed by the complainant in this cause, to determine the conflicting claims of several of the parties interested in the provisions of the assignment mentioned in the pleadings and proofs; to obtain the directions of the court in relation to the disposition of the trust funds among the…
2Cases cited2 opinions
- Bank of Orleans v. BarryCourt for the Trial of Impeachments and Correction of Errors · 1845
- President &c. of Mechanics' & Farmers' Bank v. CapronNew York Supreme Court · 1818
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- Bankr. L. Rep. P 76,068 in Re Acequia, Inc., an Idaho Corporation, Debtor. Acequia, Inc., an Idaho Corporation v. Vernon B. Clinton, and Rosemary Haley, Acequia, Inc., an Idaho Corporation v. Vernon B. Clinton Rosemary HaleyCourt of Appeals for the Ninth Circuit · 1994
- Hopkins v. GouraudThe Superior Court of New York City · 1893