Zartman v. First Nat. Bank of Waterloo
Supreme Court of the United States
ERROR TO THE SUPREME COURT OP THE STATE OF NEW YORK. This was a suit brought in the Supreme Court of the State-of New York by the First National Bank of Waterloo against Francis Bacon and George E. Zartman, as Bacon's trustee in bankruptcy, to procure the reformation of a writtén contract' made by plaintiff and defendant Bacon Febrüary 15, 1902..
Read the full summary
ERROR TO THE SUPREME COURT OP THE STATE OF NEW YORK. This was a suit brought in the Supreme Court of the State-of New York by the First National Bank of Waterloo against Francis Bacon and George E. Zartman, as Bacon's trustee in bankruptcy, to procure the reformation of a writtén contract' made by plaintiff and defendant Bacon Febrüary 15, 1902.. Before the contract' was made, Bacon was president of the - First National Bank- of Waterloo, New York, and also of the Waterloo Wagon Company. He was active in the- office of the Wagon Company, while the business of' the bank was looked after by its…
1Opinion of the Court
Me. Chief Justice Fuller,
after making the foregoing statement, delivered the opinion of the court..
The jurisdiction in equity to decree the correction of errors in written contracts which have been caused by mutual mistake is firmly established and needs no citation of authority to sustain it. In the present case the evidence of the mistakes in question was undisputed. We are not aware that the bankruptcy law has suspended that jurisdiction.
The position of the trustee in bankruptcy seems to be that the mistake made by Bacon in dictating or writing out the contract between himself and the…
2Cases cited2 opinions
- Thompson v. FairbanksSupreme Court of the United States · 1905
- First National Bank of Waterloo v. BaconAppellate Division of the Supreme Court of the State of New York · 1906
3Cited by86 opinions
- Bank of Marin v. EnglandSupreme Court of the United States · 1966
- Lewis v. Manufacturers National Bank of DetroitSupreme Court of the United States · 1961
- Sexton v. Kessler & Co.Supreme Court of the United States · 1912
- Gins v. Mauser Plumbing Supply Co.Court of Appeals for the Second Circuit · 1945
- Lockhart v. Garden City Bank & Trust Co.Court of Appeals for the Second Circuit · 1940
81 more not listed; retrieve them via the Exa API.