Beekman v. Frost
New York Supreme Court
APPEAL from the Court of Chancery. In April, 1808, respondents filed their bill against the appellant, which statec*> *n substance, that Frost, one of the plaintiffs, and Marlin Goddard, then deceased, in August, 1803, agreed to purchase of Henry Corl, iun., lot No. 33. in the town of _ 7, . . ° Marcellus, containing 600 acres ; that, on the 19th of Sep- , ~ , _ _ _ . • tember, 1803, Corí conveyed 200 acres, part of the lot, to Frost, for which Frost paid him, in August,…
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APPEAL from the Court of Chancery. In April, 1808, respondents filed their bill against the appellant, which statec*> *n substance, that Frost, one of the plaintiffs, and Marlin Goddard, then deceased, in August, 1803, agreed to purchase of Henry Corl, iun., lot No. 33. in the town of _ 7, . . ° Marcellus, containing 600 acres ; that, on the 19th of Sep- , ~ , _ _ _ . • tember, 1803, Corí conveyed 200 acres, part of the lot, to Frost, for which Frost paid him, in August, 1803, 300 dollars, and, on receiving the deed, 700 dollars more ;• that Corl, in September, 1805, pursuant to the…
1Opinion of the Court
Spencer, Ch. J.
The first point made by the appellant’s counsel is, that the facts stated in the bill, give the respondents no rights, as plaintiffs, in á Court of equity. It has been answered, that this objection is not now open to the appel lant, as it was never taken in the Court below. This question has frequently arisen, and it is necessary that it should now be settled in such a manner, that no future embarrassment may be experienced. The cases in this Court in which the point has been noticed, are James v. M'Kinnon, (6 Johns. Rep. 543.) Gelston v. Hoyt, (13 Johns. Rep. 562.) Sands v.…
2Cases cited1 opinion
- Le Guen v. GouverneurCourt for the Trial of Impeachments and Correction of Errors · 1798
3Cited by45 opinions
- McGuire v. Van PeltSupreme Court of Alabama · 1876
- Gilchrist v. GoughIndiana Supreme Court · 1878
- Taft v. TaftMichigan Supreme Court · 1886
- Campbell v. . ConsalusNew York Court of Appeals · 1862
- County of Calhoun v. American Emigrant Co.Supreme Court of the United States · 1876
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