Legal Opinion

Pratt v. Adams

New York Court of Chancery

Decided July 16, 1839PublishedCited by 90 opinions

This case came before the chancellor upon various exceptions which had been taken, by different creditors, to the report of the master as to the several debts due and owing by the defendant B. Rathbun, and as to the classes in which debts were entitled to be placed under the assignment which he had made to the complainants for the benefit of creditors.

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This case came before the chancellor upon various exceptions which had been taken, by different creditors, to the report of the master as to the several debts due and owing by the defendant B. Rathbun, and as to the classes in which debts were entitled to be placed under the assignment which he had made to the complainants for the benefit of creditors. The assignment was executed at Buffalo, where Rathbun and his assignees then resided, on the first of August, 1836. And he thereby conveyed all his property and effects to the complainants, in trust, to convert the same into money, and to apply…

1Opinion of the Court

The Chancellor.

The Granville Alexandrian Society produced and proved before the master eight drafts, drawn by B. Rathbun on H. Janes, and accepted by the latter for the accommodation of the drawer. These drafts were all discounted at the Granville Bank, and were owned by the society previous to the assignment, and were afterwards protested for non-payment, and due notice thereof was given to the drawer, endorsers, &c. The three first drafts were accepted by Janes before the assignment, and the other five on the third of August, 1836, before he heard of the assignment. The whole of the drafts…

2Cases cited5 opinions

  1. Wardell v. HowellNew York Supreme Court · 1832
  2. Pinkerton v. BaileyNew York Supreme Court · 1832
  3. Stuart v. President, Directors & Co. of the Mechanics' & Farmers' BankNew York Supreme Court · 1822
  4. Bank of Auburn v. ThroopNew York Supreme Court · 1821
  5. Turner v. CalvertSupreme Court of Pennsylvania · 1824

3Cited by90 opinions

  1. Hartley v. . HarrisonNew York Court of Appeals · 1861
  2. Meroney v. Atlanta Building & Loan Ass'nSupreme Court of North Carolina · 1895
  3. Dickinson v. . EdwardsNew York Court of Appeals · 1879
  4. Kay v. . WhittakerNew York Court of Appeals · 1871
  5. Williams v. . TownsendNew York Court of Appeals · 1865

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