Merritt & Dyckman v. Lyon
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. This was an appeal from an order of the chancellor directing a receiver to discontinue a suit at law prosecuted by him. In May, 1816, Samuel Townsend and Monmouth Lyon gave a sealed note to Daniel Merritt for eight hundred and two dollars and fifty cents payable in twelve months, Lyon signing as the surely of Townsend.
Read the full summary
Appeal from chancery. This was an appeal from an order of the chancellor directing a receiver to discontinue a suit at law prosecuted by him. In May, 1816, Samuel Townsend and Monmouth Lyon gave a sealed note to Daniel Merritt for eight hundred and two dollars and fifty cents payable in twelve months, Lyon signing as the surely of Townsend. In 1820, Daniel Merritt delivered the note to one Jared Peck for collection, and at the same time endorsed his name upon it, not for the purpose of transferring it to Peck, but to facilitate the collection. The amount due upon the note was collected from…
1Opinion of the Court
The following opinions were delivered:
By Mr. Justice Cowen.
On the argument of the appeal, it was very properly conceded that the chancellor had jurisdiction of the subject matter, the party and receiver, the latter being an officer of his court; and that the matter was properly brought forward by petition. And the only question which can arise is, whether the proofs before him furnished adequate grounds for the decree. There could in truth have been no pretence for the suit against Lyon The note had been paid, beside being barred by the statute of limitations and released. Moreover, it never…
2Cited by14 opinions
- Cunha v. Anglo California National BankCalifornia Court of Appeal · 1939
- In re the Union Bank of BrooklynAppellate Division of the Supreme Court of the State of New York · 1917
- American Life Insurance v. MahoneMississippi Supreme Court · 1878
- Davis v. Ladoga Creamery Co.Indiana Supreme Court · 1891
- King v. CuttsWisconsin Supreme Court · 1869
9 more not listed; retrieve them via the Exa API.