Holmes v. Remsen
New York Supreme Court
THIS was an action of assumpsit, brought by the plaintiffs, as trustees, &c. of Frederick Mullett, an absent auseni debtor, against the defendants, as executors of Isaac Clason, deceased. The declaration contained the usual money counts, and on an account stated between Clason and Mullett, alleging the promise to be by Clason to Mullett.
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THIS was an action of assumpsit, brought by the plaintiffs, as trustees, &c. of Frederick Mullett, an absent auseni debtor, against the defendants, as executors of Isaac Clason, deceased. The declaration contained the usual money counts, and on an account stated between Clason and Mullett, alleging the promise to be by Clason to Mullett. There were other counts, which stated the promise to be from the defendants to Mullett; and similar counts, stating the promise to be from the defendants to the plaintiffs. The defendants pleaded the general issue, and, by a written agreement, the attorneys…
1Opinion of the CourtPlatt, J.
Three points are presented in this case :
1st. Whether the assignment by the commissioners of bankrupt in England, (being prior in date,) transferred this chose in action to the assignees of the bankrupt, in opposition to the claim of the trustees under the attachment here ?
2d. Whether (if that statutory assignment was inoperative) the assignment made personally by Mullett to the same assignees, was effectual, in regard to the debt due from Clason ?
3d. Whether the payment to the assignees of the bank-rapt in England, under the circumstances of the case, is a good, defence to this action ?
I…
2Cases cited4 opinions
- Harrison v. SterrySupreme Court of the United States · 1809
- Holmes v. RemsenNew York Court of Chancery · 1820
- Milne v. MoretonSupreme Court of Pennsylvania · 1814
- Proctor v. MooreMassachusetts Supreme Judicial Court · 1804
3Cited by48 opinions
- Matter of Accounting of WaiteNew York Court of Appeals · 1885
- Willitts v. . WaiteNew York Court of Appeals · 1862
- Barth v. . BackusNew York Court of Appeals · 1893
- South-Western Railroad v. PaulkSupreme Court of Georgia · 1858
- Davis v. SmithSupreme Court of Georgia · 1848
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