Murray v. Murray
New York Court of Chancery
THE plaintiff, on the 10th of February, 1808, filed his bill against John B. Murray, John Innes Clark, and others, which, in consequence of the death of Clark, was after-wards amended by making his executors parties.
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THE plaintiff, on the 10th of February, 1808, filed his bill against John B. Murray, John Innes Clark, and others, which, in consequence of the death of Clark, was after-wards amended by making his executors parties. The plaintiff, Robert Murray, (since deceased) George W. Murray, and John R. Wheaton, in 1790, entered into partnership, and established their house of trade, under the firm of Robert Murray &/■ Co. The house failed in 1796, at which time the plaintiff was in England, whither he had gone on the business of the. firm : G. W. M. and Wheaton went to Europe, leaving R. M. the only…
1Opinion of the Court
The Chancellor.
The question in this case, between the plaintiff and the assignees of his bankrupt partner, relates to the control and distribution of the partnership fund. The plaintiff, in a particular manner, claims the balance reported to be due from the estate of John I. Clark, deceased, to the house of Robert Murray & Co,, and insists that he is entitled, in preference to the assignees, to distribute that balance, and to disregard the settlement which was made by those assignees with the executor of Clark.
The defendant John B. Murray, and John I. Clark, were trustees to a large amount,…
2Cited by34 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- In re MeyerCourt of Appeals for the Second Circuit · 1899
- In re WilcoxDistrict Court, D. Massachusetts · 1899
- R. W. Smith & Co. v. Mallory's Ex'rSupreme Court of Alabama · 1854
- Smith v. Smith Bros.Supreme Court of Iowa · 1893
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