Arnold v. Morris
New York Court of Common Pleas
Appeal by the defendants from a judgment of this court, entered on a decision rendered by Judge Larremore at special term, in favor of plaintiffs against defendants, Morris and Wilmerding, as assignees of Rouss, Bell & Co., for 16,304 35. The suit was brought to establish an equitable lien upon the proceeds of certain property sold by the defendants as assignees of Charles B. Rouss and William J. Bell, composing the firm of Rouss, Bell & Co., of New York.
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Appeal by the defendants from a judgment of this court, entered on a decision rendered by Judge Larremore at special term, in favor of plaintiffs against defendants, Morris and Wilmerding, as assignees of Rouss, Bell & Co., for 16,304 35. The suit was brought to establish an equitable lien upon the proceeds of certain property sold by the defendants as assignees of Charles B. Rouss and William J. Bell, composing the firm of Rouss, Bell & Co., of New York. The facts of the case were as follows: Defendants, Charles B. Rouss and William J. Bell, together with Mary Jane Taylor (a secret partner,…
1Opinion of the CourtJoseph F. Daly, J.
[after stating the facts of the case as given above].—Upon these facts the learned judge, at special term, held that the promise of Rouss & Bell to plaintiffs to hold the stock attached in the Hoboken store, and additions to the stock, as security for plaintiffs against loss, by reason of their indemnifying the Musers for giving the undertaking to discharge the attachment, created a trust in favor of the latter, which they were entitled to enforce as a lien against the stock in the Hoboken store, and the goods with which the same was replenished, and by which they were entitled to the…
2Cases cited3 opinions
- Hale v. . Omaha National BankNew York Court of Appeals · 1872
- Seymour & Brown v. Canandaigua & Niagara Falls Rail RoadNew York Supreme Court · 1857
- North v. . BlossNew York Court of Appeals · 1864
3Cited by3 opinions
- Woodhouse v. . DuncanNew York Court of Appeals · 1887
- Klinzing v. Blauw Bros.New York Supreme Court · 1916
- A. Person, Harriman & Co. v. OberteufferNew York Court of Common Pleas · 1880