Legal Opinion

Chase v. Barrett

New York Court of Chancery

Decided July 16, 1833PublishedCited by 29 opinions

This was an appeal from an interlocutory decree of the vice chancellor of the eighth circuit. The cause was heard on bill and answer as to all the defendants, except Saphrona Chase, the widow of C. Chase. The facts of the case, as admitted by the answer, were as follows : In the latter part of 1827, C. Chase, the decedent, married the daughter of A. Barrett, one of the defendants, and the sister of the other defendants.

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This was an appeal from an interlocutory decree of the vice chancellor of the eighth circuit. The cause was heard on bill and answer as to all the defendants, except Saphrona Chase, the widow of C. Chase. The facts of the case, as admitted by the answer, were as follows : In the latter part of 1827, C. Chase, the decedent, married the daughter of A. Barrett, one of the defendants, and the sister of the other defendants. In the month of April subsequent to the marriage, A. Barrett being then the owner of several farms, and extensively engaged in the farming business in which he was assisted by…

1Opinion of the Court

The Chancellor.

As this cause was heard on bill and answer, all the allegations in the answer of the defendants are admitted to be true, for the purposes of this suit. The facts there stated show that the complainant has no legal or equitable claim against any of the defendants, unless the agreement of April, 1828, constituted the parties thereto co-partners. If they were copartners, the complainant probably has a legal right to an account, and to a portion of the partnership fund ; notwithstanding it appears by the answer that the intestate actually received in his support and maintenance,…

2Cited by29 opinions

  1. Leggett v. . HydeNew York Court of Appeals · 1874
  2. Morgan v. FarrelSupreme Court of Connecticut · 1890
  3. Central City Savings Bank v. . WalkerNew York Court of Appeals · 1876
  4. Hasday v. BarocasNew York Supreme Court · 1952
  5. Burnett v. . SnyderNew York Court of Appeals · 1879

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