Mann v. Fairchild
New York Court of Appeals
The plaintiff, on the 2d September, 1846, purchased, at a sale made by the receiver of the St. Lawrence Bank, certain claims against one Egbert 1ST. Fairchild, who had been the cashier of said bank, and who was the testator of the present defendants, his executors.- The sale of the said claims was made at Albany by Bansom H. Gillett, who was such receiver.
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The plaintiff, on the 2d September, 1846, purchased, at a sale made by the receiver of the St. Lawrence Bank, certain claims against one Egbert 1ST. Fairchild, who had been the cashier of said bank, and who was the testator of the present defendants, his executors.- The sale of the said claims was made at Albany by Bansom H. Gillett, who was such receiver. It appeared in the case that the plaintiff was the attorney and counsel of the Farmer’s Loan & Trust Company, and was authorized to act for them according to his discretion. That the plaintiff purchased these claims in his name for the said…
1Opinion of the Court
Potter, J.. This action, as appears by the pleadings, especially by the complaint and prayer or demand for judgment, is an action in equity, and seems to be based upon the theory that the defendant was a trustee of the St. Lawrence Bank, by virtue of certain resolutions, passed by the board of directors of said bank, or by virtue of an assignment made to him by said directors. If this theory, and the facts upon which it is based, shall fail, the action must fall, because, if the claim exists only at law, the statute of limitations set up makes a legal defense to it, as this" action was not…
2Cases cited6 opinions
- Borst v. . CoreyNew York Court of Appeals · 1857
- Pennington v. TownsendNew York Supreme Court · 1831
- Arden v. PattersonNew York Court of Chancery · 1821
- Mann v. FairchildNew York Supreme Court · 1853
- People v. WalbridgeNew York Supreme Court · 1829
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Gillespie v. HynesNebraska Supreme Court · 1959
- Vincent v. MoriartyAppellate Division of the Supreme Court of the State of New York · 1898
- Massman Construction Co. v. Nebraska Workmen's Compensation CourtNebraska Supreme Court · 1942
- Jourdon v. Commonwealth CompanyNebraska Supreme Court · 1959
- Coates v. DonnellThe Superior Court of New York City · 1881
1 more not listed; retrieve them via the Exa API.