Heermans v. Ellsworth
New York Supreme Court
Appeal by plaintiff from a judgment in favor of defendant, entered upon the verdict of a jury. The action was brought by John Heermans as trustee of the estate of Joseph Fellows, to recover an alleged balance of account for moneys loaned by said Fellows to defendant.
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Appeal by plaintiff from a judgment in favor of defendant, entered upon the verdict of a jury. The action was brought by John Heermans as trustee of the estate of Joseph Fellows, to recover an alleged balance of account for moneys loaned by said Fellows to defendant. The plaintiff claimed to recover as trustee under an instrument under seal, hearing date October 10, 1868, a copy of which is given in the case of Heermans v. Robertson, ante, page 596, and a supplementary instrument under seal, dated October 15, 1868, which is also referred to, and the provisions given in the above-mentioned…
1Opinion of the CourtE. Darwin Smith, J.
This case comes before us upon exceptions taken during the trial, and presents some points not embraced in any other of the various cases arising under the trust deeds from Joseph Fellows to the plaintiff, heard and submitted to us at the last general term. This action was brought to recover a balance claimed to be due the plaintiff as trustee, etc., for money loaned by Mr. Fellows to the defendant, and which the defendant had, in fact, paid to Mr. Fellows in person, after the execution of such trust deed. The plaintiff claims that such payment was unauthorized, and was made with or after…
2Cases cited4 opinions
- Anderson v. Van AlenNew York Supreme Court · 1815
- Wilkins v. BattermanNew York Supreme Court · 1848
- Fellows v. HeermansNew York Supreme Court · 1870
- Meghan v. MillsNew York Supreme Court · 1812