FITZSIMMONS & OTHERS v. Ogden & Others
Supreme Court of the United States
THIS was an appeal from the decree of the Cir-c«it Court for the district of New York, sitting in chan-, eery, entered by consent pro fornta to bring the case be- The material facts as stated by Washington, justice, in delivering the opinion of the Court Were as follows.: For the purpose of securing, certain of his creditors, Robert Morris, on the 14th of February,, 1798, conveyed to the appellants, as trustees for those creditors, a certain tract of land lying in Ontario…
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THIS was an appeal from the decree of the Cir-c«it Court for the district of New York, sitting in chan-, eery, entered by consent pro fornta to bring the case be- The material facts as stated by Washington, justice, in delivering the opinion of the Court Were as follows.: For the purpose of securing, certain of his creditors, Robert Morris, on the 14th of February,, 1798, conveyed to the appellants, as trustees for those creditors, a certain tract of land lying in Ontario county, in the state bf New York, containing 500,000 acres, described by certain bounds. Previous to this, he bad made…
1Opinion of the CourtWashington, J.
The first point made by the counsel for the appellant? is, that G, Morris ought to be considered ás a trustee of Talbot and' Allum’s judgment for the trustees. On this point it is contended that, although in the first iii-stance/G. Morris might have had no other inducement in purchasing that judgment than to perform a-friendly service to R. Morris, yet he afterwards charged himself with the interests of the trustees, by an express declaration contained in the agreement of the 29th of August, 1799, connected with the subsequent agreement of the 16th of September, 1799,-which, notwithstanding…
2Cited by32 opinions
- Wailes v. CooperCourt of Appeals of Mississippi · 1852
- State v. MyersWashington Supreme Court · 1959
- United States v. WalkerDistrict Court, E.D. Louisiana · 1981
- Thomas v. Southern Pacific Co.California Court of Appeal · 1931
- Drake v. Cheyenne Newspapers, Inc.District Court, D. Wyoming · 1994
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