Throop v. Hatch
New York Supreme Court
Appeal from a judgment at special term, overruling a demurrer to a complaint. The complaint in this action was filed by M. H. Throop against Israel Hatch.
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Appeal from a judgment at special term, overruling a demurrer to a complaint. The complaint in this action was filed by M. H. Throop against Israel Hatch. It alleged an oral agreement made in 1833, between the defendant and certain persons whose rights under the agreement had been assigned to the plaintiff, which was to the effect that the defendant should proceed to the then territory of Michigan, and purchase land on the joint account of the parties to that agreement, that defendant should hold such lands for the joint benefit of all parties, should make sales thereof from time to time, and…
1Opinion of the CourtW. F. Allen, J.
If the plaintiff is driven to the statute laws of the States of Ohio and Michigan, to maintain this action, and bound to show that by the statutes of those States the trusts which he seeks to enforce are valid, he should have set out, at least substantially, the statutes upon which he relies. The laws themselves are to be averred and proved in the same manner as other facts, and their existence is to be proved by copies of the statutes properly exemplified, as other documents *25are. The averment that the trusts are, by the laws of the States in which the lands are situated, valid and subsisting…
2Cases cited5 opinions
- Holmes v. BroughtonNew York Supreme Court · 1833
- Robinson v. DauchyNew York Supreme Court · 1848
- Sherrill v. HopkinsNew York Supreme Court · 1823
- Dollfus v. FroschCourt for the Trial of Impeachments and Correction of Errors · 1845
- In re Roberts' WillNew York Court of Chancery · 1840
3Cited by10 opinions
- Lux v. HagginCalifornia Supreme Court · 1886
- International Text Book Co. v. . ConnellyNew York Court of Appeals · 1912
- Lux v. HagginCalifornia Supreme Court · 1886
- Bank of Commerce v. FuquaMontana Supreme Court · 1891
- Schluter v. . Bowery Savings BankNew York Court of Appeals · 1889
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