Chouteau v. . Suydam
New York Court of Appeals
Appeal from tbe Superior Court of the City of New York. Action for an accounting. The trial was before a referee, by whom these facts were found: The plaintiffs are assignees of the claim of certain persons who will be designated the Ewings.
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Appeal from tbe Superior Court of the City of New York. Action for an accounting. The trial was before a referee, by whom these facts were found: The plaintiffs are assignees of the claim of certain persons who will be designated the Ewings. On 15th May, 1852, a firm who will be styled the Suydams, who were insolvent, were indebted to the Mechanics’ Bank of New York in a sum exceeding $23,000 upon their' note, which had been indorsed by Ferdinand Suydam, deceased, and on which his estate was liable. The bank held, as collateral security, four treasury warrants or certificates for annuities…
1Opinion of the CourtSeldek, J.
The first question which this case presents is, whether the agreement executed on the 18th of May, 1852, by Charles Suydam, as executor of Ferdinand Suydam, deceased, of the one part, and by W. G. and G. W. Ewing of the other part, was obligatory upon the estate of Ferdinand Suydam. It is insisted by the defendant’s counsel i first, that the agreement, having been executed upon one part by Charles Suydam alone, when upon its face it appears that it was also to be executed by Whitney the assignee,* is incomplete, and therefore not obligatory upon any one; and secondly that, if valid as an…
2Cited by62 opinions
- Austin v. . MunroNew York Court of Appeals · 1872
- Middleworth v. . OrdwayNew York Court of Appeals · 1908
- Brackett v. . BarneyNew York Court of Appeals · 1863
- Russell v. . FreerNew York Court of Appeals · 1874
- Wood v. . TunnicliffNew York Court of Appeals · 1878
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