Griffith v. Griffith
New York Court of Chancery
The original bill was filed on the 21st July, 1835, against the defendant, Richard Griffith, father of the infant plaintiff, seeking to call him to an account, for certain mon^es received by him out of the estate of the infant, given him by will, and misapplied by the defendant.
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The original bill was filed on the 21st July, 1835, against the defendant, Richard Griffith, father of the infant plaintiff, seeking to call him to an account, for certain mon^es received by him out of the estate of the infant, given him by will, and misapplied by the defendant. It stated various acts of misconduct, and prayed a discovery 0f the monies received, and of the application of the same, in what securities they were invested, what real estate belonged to the complainant, and the income thereof, an injunction and receiver, and the removal of the father as guardian, and appointment of…
1Opinion of the Court
The Assistant Vice-Chancellor :
In relation to the apparent discrepancy in the finding of the several issues, I am satisfied that can be reconciled. The jury plainly mean to find that the defendants had no personal knowledge of the claim, and therefore purchased bona fide, and had personally no such notice as should put them upon inquiry. The finding of the seventh issue leaves the question open, whether the notice to their attorney was sufficient in law to affect their purchase.
Upon this question, the cause has been chiefly argued,— first as to what information Wheaton possessed, and next,…
2Cases cited2 opinions
- Alexander and Other v. PendletonSupreme Court of the United States · 1814
- Woodruff v. CookNew York Court of Chancery · 1834
3Cited by4 opinions
- Russell & Seisfeld v. KirkbrideTexas Supreme Court · 1884
- Speck v. RigginSupreme Court of Missouri · 1867
- Bowen v. KirklandCourt of Appeals of Texas · 1897
- Leitch v. . WellsNew York Court of Appeals · 1872