Legal Opinion

Dorsheimer v. Nichols

New York Court of Appeals

Decided September 15, 1865Published

William Dorskeimer brought an action in the Buffalo superior court against Asher P. Uichols (administrator of Aaron D. Patchin, deceased), and Isabella Patchin, to enforce an equitable lien on money held by the defendant, Mrs. Patchin. The facts on which the action arose, are as follows: On September 29, 1859, Aaron D. Patchin owed the Chautauque County Bank seventy thousand dollars on certain notes and bonds.

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William Dorskeimer brought an action in the Buffalo superior court against Asher P. Uichols (administrator of Aaron D. Patchin, deceased), and Isabella Patchin, to enforce an equitable lien on money held by the defendant, Mrs. Patchin. The facts on which the action arose, are as follows: On September 29, 1859, Aaron D. Patchin owed the Chautauque County Bank seventy thousand dollars on certain notes and bonds. To secure the payment thereof, he on that day made over to the bank two hundred ninety-six thousand dollars in railroad stock. Shortly afterward the charter of the bank expired, and…

1Opinion of the Court

Bv the Court.

Potter, J.

There was no exception taken to the finding of facts or to the conclusion of law thereon, as *521found by the judge on the trial. The only error complained of by exception, is, to the admission of evidence by the judge on the trial, “that at the time the release was given by plaintiff to the trustees of the Chautauque County Bank and others, of his (plaintiff’s) claim to stock sold by said trustees upon which plaintiff claimed to have a lien, it was the express understanding between him and Mrs. Patchin, as committee of her husband’s estate, that the plaintiff should and…

2Cases cited5 opinions

  1. Curtis v. TylerNew York Court of Chancery · 1842
  2. Green v. HartNew York Supreme Court · 1806
  3. Pattison v. HullCourt Of Oyer And Terminer New York · 1828
  4. Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
  5. Parmelee v. DannNew York Supreme Court · 1856

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