Roosevelt v. Mark
New York Court of Chancery
THE bill was filed on the 3d of November, 1821,-against the defendants, Rosetta-Mark and Louis Marie, as" executors of Jacob Mark, deceased, for an account of the estate of the testator, and charging the estate with advances made ,to the firm of Mark fy Speyer, of the city of ■New- York, of which Jacob Mark was a partner, and for responsibilities incurred for that house.
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THE bill was filed on the 3d of November, 1821,-against the defendants, Rosetta-Mark and Louis Marie, as" executors of Jacob Mark, deceased, for an account of the estate of the testator, and charging the estate with advances made ,to the firm of Mark fy Speyer, of the city of ■New- York, of which Jacob Mark was a partner, and for responsibilities incurred for that house. The plaintiff, between 1796 and 1799, loaned moneys to, and indorsed notes, and became bound in bonds, as surety, and without any valuable consideration, for the house of M. fy S. These responsibilities were assumed under a…
1Opinion of the Court
The Chancellor.
This is a bill against the defendants, as executors and devisees of Jacob Mark, deceased, for an account of the estate of the testator, and charging the estate with loans to Mark & Speyer, and responsibilities incurred for them.
The bill is a substitute for the action of assumpsit at law, upon the promise to indemnify, arising from the responsibilities assumed by the plaintiff as surety for M. &y S., between 1796 and 1799. The parties have agreed to consider the suit as properly cognizable here, though it would seem to be a case in which the remedy (if any) was full and perfect…
2Cases cited3 opinions
- Clementson v. WilliamsSupreme Court of the United States · 1814
- Campbell v. MacombNew York Court of Chancery · 1820
- Frost v. CarterNew York Supreme Court · 1799
3Cited by6 opinions
- M'Crea v. PurmortCourt for the Trial of Impeachments and Correction of Errors · 1836
- Wetzell v. BussardSupreme Court of the United States · 1826
- Letson v. KenyonSupreme Court of Kansas · 1884
- Boardman v. De ForestSupreme Court of Connecticut · 1823
- Merrill v. National Bank of JacksonvilleSupreme Court of the United States · 1899
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