Hosack's Executors v. Rogers
New York Supreme Court
Appeal from chancery. The following is a brief statement of this case : Archibald Grade and Sons being largely ^indebted, a composition deed was executed by Archibald Gracie and his [ *314 ] creditors, whereby Gracie assigned to trustees for the benefit of his creditors certain claims he had upon the British government for illegal captures, the moneys for which, when received, to be rateably t distributed amongst his creditors, and covenanted if the amount received from the…
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Appeal from chancery. The following is a brief statement of this case : Archibald Grade and Sons being largely ^indebted, a composition deed was executed by Archibald Gracie and his [ *314 ] creditors, whereby Gracie assigned to trustees for the benefit of his creditors certain claims he had upon the British government for illegal captures, the moneys for which, when received, to be rateably t distributed amongst his creditors, and covenanted if the amount received from the British goverment should prove insufficient to pay the debts, that the „ deficiency should be made up and paid out of…
1Opinion of the Court
In support of which decree, the Chancellor delivered the following opinion:
By the Chancellor.
This case has frequently been before the court in various shapes, and the facts upon which the principal question between the complainants and Nehemiah Rogers, the surviving executor of Archibald Gracie, as to the right of priority of payment rests, are stated in the report of the case in 6 Paige, 415, and in 18 Wendell Rep. 319. It is not necessary to recapitulate them here, as the court for the correction of errors decided that there was no specific appropriation of the French fund, for the payment…
2Cases cited28 opinions
- Robertson v. SmithNew York Supreme Court · 1821
- Speake & Others v. U. StatesSupreme Court of the United States · 1815
- Fisher v. New-York Common PleasNew York Supreme Court · 1836
- Jackson ex dem. Klock v. HudsonNew York Supreme Court · 1808
- Brown v. WilliamsNew York Supreme Court · 1830
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3Cited by13 opinions
- City of Hastings v. FoxworthyNebraska Supreme Court · 1895
- Davidson v. DallasCalifornia Supreme Court · 1860
- Headley v. ChallissSupreme Court of Kansas · 1875
- Swofford Bros. Dry Goods Co. v. GossMissouri Court of Appeals · 1896
- Lorimer v. FairchildSupreme Court of Kansas · 1904
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