M'Dermutt v. Strong
New York Court of Chancery
SUPPLEMENTAL bill, filed September 2,'1819, against the defendants, as assignees of James Robertson, an insolvent debtor, setting forth the original bill of discovery, filed February 2d, 1809, against Robertson, White Mat-lack, and Robert C. Allyn, and their answers.
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SUPPLEMENTAL bill, filed September 2,'1819, against the defendants, as assignees of James Robertson, an insolvent debtor, setting forth the original bill of discovery, filed February 2d, 1809, against Robertson, White Mat-lack, and Robert C. Allyn, and their answers. The plaintiffs were judgment creditors of Robertson, and their several judgments were entered. up from the 6th to the 21st of May, 1808, and executions were issued thereon to the sheriff of the city and county of New-York, who levied on the ship Cincinnati and three other ships, as the property of R., and returned that he could…
1Opinion of the Court
The Chancellor.
The statement of a few facts will sufficiently bring up to view a very important question arising, and discussed in this case.
James Robertson, on the 27th of April, 1808, assigned to White Matlack, jun. the ship Cincinnati, upon trust, to sell her, and, out of the proceeds, to discharge certain debts and engagements of Robertson, and to account for the surplus to Robertson, himself, or to his assignees, if any should in the *689mean time, be appointed under the insolvent act. M. afterwards transferred his trust to Allyn, and the ship was sold by Allyn, with the consent of the…
2Cases cited1 opinion
- Hendricks v. RobinsonNew York Court of Chancery · 1817
3Cited by51 opinions
- Metcalf v. BarkerSupreme Court of the United States · 1902
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- Freedman's Savings & Trust Co. v. EarleSupreme Court of the United States · 1884
- Merchants' National Bank v. GreenhoodMontana Supreme Court · 1895
- Wiggin v. HeywoodMassachusetts Supreme Judicial Court · 1875
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