Marine & Fire Insurance Bank of the State of Georgia v. Jauncey
The Superior Court of New York City
This cause came before the corn-t on pleadings and proofs, having been transferred from the supreme court. The bill was filed in the late court of chancery, in October, 1846, by the above complainants, against James W. Jauncey, Joseph Wood, and John Wood. A demurrer to the hill was overruled at a special term of the supreme court. An answer was then put in, issue was joined, and proofs were' taken. The material facts established appear in the opinion of the court.
1Opinion of the CourtBy the Court. Mason, J.
The bill in this cause was filed for the purpose of reaching certain funds received by the defendant, Jauncey, arising from the sale of cotton, delivered to and sold by him, under the circumstances hereinafter mentioned, on which the plaintiff claimed to have an equitable lien.
It appeared, from the pleadings and proofs, that the defendant, John Wood, having in the latter part of June, 1846, purchased at Savannah one hundred and five bales of cotton, which he intended to consign to the defendant, Joseph Wood, at New York, for sale; drew a bill of exchange on Joseph Wood, dated June 29,1846, at…
2Cases cited2 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
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- Schermerhorn v. American Life Insurance & Trust Co.New York Supreme Court · 1852
- Shutt Improvement Co. v. Erwin & FrancisSupreme Court of Kansas · 1903
- Bank of Commerce v. BogyMissouri Court of Appeals · 1880
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