Consequa v. Fanning
New York Court of Chancery
PETITION for a re-hearing. The bill stated, that the plaintiff, a native merchant of Canton, in China, on the 33d of December, 1807, shipped on board the John and James, at' Canton, a cargo of teas, valued at 19,837 dollars and 77 cent's, and consigned the same to the defendants,, Edmund Fanning, Henry Fanning, and Willet Coles, being partners in trade, owners of vessels, and factors and commission merchants, to sell for the plaintiff, and which were received by the…
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PETITION for a re-hearing. The bill stated, that the plaintiff, a native merchant of Canton, in China, on the 33d of December, 1807, shipped on board the John and James, at' Canton, a cargo of teas, valued at 19,837 dollars and 77 cent's, and consigned the same to the defendants,, Edmund Fanning, Henry Fanning, and Willet Coles, being partners in trade, owners of vessels, and factors and commission merchants, to sell for the plaintiff, and which were received by the defendants, as his factors. That, on the 34th of December, 1807, the plaintiff shipped- on board the Hope and Mahualpa, teas and…
1Opinion of the Court
The Chancellor.
There is considerable variation in t*ie objections made to the decree, as stated in the petition ®5r a re-hearing, and in the points on which the cause wag-tore-argued. But, I apprehend the rule to be well' settled. u 11 *595'¿hat upon a rehearing, the cause, with respect to the patty who petitions to rehear, is open only as to those parts of it complained of in the petition; though as to the other party, it is open as to the whole matter of the decree. The rule was so declared by Lord Chancellor Cowper, in Rawlins v. Powel, (1 P. Wms. 300.) and it is to be met with in all the…
2Cited by15 opinions
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- Grant v. HealeyU.S. Circuit Court for the District of Massachusetts · 1839
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