Legal Opinion

Western Reserve Bank v. Potter

New York Court of Chancery

Decided January 15, 1841PublishedCited by 1 opinion

This bill is filed specifically to foreclose a mortgage executed by the defendant to Hiram Pratt, and by Pratt assigned to the complainants. But the answer and proofs embrace other matters and show substantially the following facts: Benjamin Rathbun of Buffalo, previous to his failure, had put in circulation a large amount of commercial paper with forged endorsements.

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This bill is filed specifically to foreclose a mortgage executed by the defendant to Hiram Pratt, and by Pratt assigned to the complainants. But the answer and proofs embrace other matters and show substantially the following facts: Benjamin Rathbun of Buffalo, previous to his failure, had put in circulation a large amount of commercial paper with forged endorsements. Among them were two drafts, one drawn upon H. Janes, and excepted by him, for $4,000, and one drawn upon J. Gravier, not excepted by him, for £$4,000. These two drafts the complainants -held. Rathbun failed in August, 1836, and…

1Opinion of the Court

The Vice Chancellor.

There are many points made in this cause; and the importance of the case renders it necessary and proper that they should be examined seriatim.

A point was made on the argument, that the charter of the complainants was not sufficiently proved; and that if proved, it did not authorise the complainants to invest their funds in the purchase of bonds and mortgages. In the written points furnished to the court, I do not find this point presented, and, moreover, I do not find among the papers the copies of the complainants’ charter and its renewal, which were read on the hearing.…

2Cases cited7 opinions

  1. Cram v. HendricksCourt for the Trial of Impeachments and Correction of Errors · 1831
  2. Eagle Fire Co. v. LentNew York Court of Chancery · 1837
  3. Pennington v. TownsendNew York Supreme Court · 1831
  4. De Groot v. Van DuzerNew York Supreme Court · 1838
  5. Ward v. Van BokkelenNew York Court of Chancery · 1830

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Morris v. SlateryThe Superior Court of New York City · 1857

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