Nightingale v. Chafee
Supreme Court of Rhode Island
Bill in equity brought by a voluntary assignee against the different creditors of the assignor and other parties interested in the assigned estate asking for instructions. The facts are stated in the opinion of the court.
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Bill in equity brought by a voluntary assignee against the different creditors of the assignor and other parties interested in the assigned estate asking for instructions. The facts are stated in the opinion of the court. I. The right to the deposit standing to the credit of Mrs. Sarah Adams passed to the complainant by her assignment of January 26, 1876, and this right cannot be defeated by the set-off of a claim against Mrs. Adams maturing after that date, particularly of a claim like that here upon a liability as indorser then contingent, and which might never become fixed. Waterman on…
1Opinion of the CourtDubeee, C. J.
This is an assignee’s bill for instructions. The case stated is this: In 1867 the three brothers, George, John, and Charles Adams, were and for some time had been in business as copartners under the firm of Adams Brothers, and on the seventh day of February, 1867, they gave a mortgage on a portion of their property to Sarah Adams, Tully D. Bowen, and Zechariah Chafee to indemnify or secure them for certain guaranties or indorsements made and to be made for the accommodation of the firm. The clause of defeasance recites the giving of two notes by the firm: to wit, one for $25,000, dated July…
2Cases cited10 opinions
- Olcott v. RathboneNew York Supreme Court · 1830
- Martin v. . KunzmullerNew York Court of Appeals · 1867
- Estate of DavisSupreme Court of Pennsylvania · 1840
- Winsted Bank v. . WebbNew York Court of Appeals · 1868
- Welch v. AllingtonCalifornia Supreme Court · 1863
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3Cited by1 opinion
- Lees v. Industrial Trust Co.Supreme Court of Rhode Island · 1941