Howard v. Sheldon
New York Court of Chancery
This case came before the chancellor upon the appeal of the complainant, and upon a cross-appeal by J. Sheldon and L. Benedict, two of the.defendants, from a decree of the vice chancellor of the eighth circuit.
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This case came before the chancellor upon the appeal of the complainant, and upon a cross-appeal by J. Sheldon and L. Benedict, two of the.defendants, from a decree of the vice chancellor of the eighth circuit. The complainant recovered a judgment, in the supreme court, in May, 1834, against the defendant J. Sheldon, and against L. Shearer, and M. Bull,, for a joint debt; upon which judgment no execution was issued against the property of either of the defendants mentioned therein. In January, 1837, he commenced a suit, in the same court, upon that judgment, against all the judgment debtors,…
1Opinion of the Court
The Chancellor.
I think the vice chancellor arrived at the correct conclusion in. relation to the title to the property which by the decree is declared to belong to the defendant Benedict; and that the bill was properly dismissed upon the merits, so far as related to that property. The evidence shows that the goods furnished for the store in Rochester, were intended to be and remain the property of Benedict, and that Sheldon transacted the business merely, as his agent. I admit that if this property had originally belonged to X Sheldon, and had been nominally sold to Benedict by him, and he…
2Cases cited3 opinions
- Jackson ex dem. Sternberg v. ShafferNew York Supreme Court · 1814
- Andrews v. SmithNew York Supreme Court · 1832
- Bates v. LyonsNew York Court of Chancery · 1838
3Cited by2 opinions
- Field v. ChapmanNew York Supreme Court · 1861
- Elizabethtown Savings Institution v. GerberNew Jersey Court of Chancery · 1881