Evertson v. Booth
New York Supreme Court
APPEAL from the Court of Chancery. The respondents, on the 29th of September, J 820, filed their bill in the Court of Chancery against the appellant, and the President and Directors of the Middle District Bank.
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APPEAL from the Court of Chancery. The respondents, on the 29th of September, J 820, filed their bill in the Court of Chancery against the appellant, and the President and Directors of the Middle District Bank. R appeared, that in November, 1817, G. Booth, being in-¿tabled to the appellant in the sum of 6,000 dollars, grave a 41 ' ° bond to him for that amount, payable in five annual installmenls, the first on the 1st of May, 1819, and the others on the 1st of May in the four succeeding years, with interest, payable half-yearly; and to secure this bond, G. B. executed a mortgage to the…
1Opinion of the Court
Spencer, Ch. J.
The ground on which the bill prayed relief, is, that the appellant having, as is alleged, abundant .and ample security in his hands, for the amount of the debt due on the bond and mortgage, must resort to that fund to reimburse himself, for that portion of the debt; and that then he stands, as á trustee for the respondents, for the amount he has-collected out of the property of G. Booth, ob *491the execution issued on the judgment thus confessed; which is 3,167 dollars and 56 cents.
It has been, also, contended, that inasmuch as the appellant had assigned the bond and mortgage to…
2Cases cited1 opinion
- Hayes v. WardNew York Court of Chancery · 1819
3Cited by43 opinions
- Ingalls and Stockman v. . MorganNew York Court of Appeals · 1854
- In re BatesIllinois Supreme Court · 1886
- McGrath v. . Carnegie Trust Co.New York Court of Appeals · 1917
- Bank of Lansingburgh v. CraryNew York Supreme Court · 1847
- Tidioute Savings Bank v. LibbeyWisconsin Supreme Court · 1898
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