Legal Opinion

Cornish v. Bryan

New Jersey Court of Chancery

Decided May 15, 1854PublishedCited by 11 opinions

The bill alleges, that on or about the 3d day of J une, 1863, Edward Mumford was engaged, in the city of Philadelphia, in the business of vending tickets, entitling, or purporting to entitle, the holders thereof to a passage from the city of New York to California, representing himself to be the accredited agent of the proprietors of certain lines of steam ships for the conveyance of passengers between the places aforesaid; that the complainant was desirous to secure a…

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The bill alleges, that on or about the 3d day of J une, 1863, Edward Mumford was engaged, in the city of Philadelphia, in the business of vending tickets, entitling, or purporting to entitle, the holders thereof to a passage from the city of New York to California, representing himself to be the accredited agent of the proprietors of certain lines of steam ships for the conveyance of passengers between the places aforesaid; that the complainant was desirous to secure a passage from New York to San Francisco, and for that purpose applied to Mumford for the purchase of a passage ticket; that…

1Opinion of the Court

The Chancellor.

The prayer of the bill is, that the bond and mortgage executed by Mumford to Cornish, and by Cornish assigned to the defendant, Bryan, may be declared null and void, and may be decreed to be delivered up to the complainant, and be cancelled.

This relief is resisted upon several grounds.

First. The power of the court is questioned.

Second. Hpon the ground that the allegations of the bill, respecting fraud in procuring the execution and delivery of the bond and mortgage, are not sustained by the proofs.

Third. That the defendant, Bryan, is a bona fide assignee, without any notice as…

2Cited by11 opinions

  1. Reeves v. ReevesNew Jersey Court of Chancery · 1928
  2. Prudential Ins. v. Merritt-Chapman ScottNew Jersey Court of Chancery · 1933
  3. Prudential Ins. Co. v. Merritt-ChapmanNew Jersey Court of Chancery · 1932
  4. Bajek v. PolackNew Jersey Court of Chancery · 1936
  5. Morgan Realty Co. v. PazenNew Jersey Court of Chancery · 1927

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