Field v. Schieffelin
New York Court of Chancery
THE bill, Sled February 3d, 1821, stated, that the defendant, Jacob Schieffelin, on the 31st of December, 1816, executed a bond to the defendant, William James Stewart, as guardian of William J. Hoglcins, an infant, for 5000 dollars, payable the 31st of December, 1821, with interest; and to secure the payment, he also executed a mortgage of seven acres of land, 8sc, That on the 25th of August, 1819, the defendant, W. J. S., applied to the plaintiff to advance the amount of…
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THE bill, Sled February 3d, 1821, stated, that the defendant, Jacob Schieffelin, on the 31st of December, 1816, executed a bond to the defendant, William James Stewart, as guardian of William J. Hoglcins, an infant, for 5000 dollars, payable the 31st of December, 1821, with interest; and to secure the payment, he also executed a mortgage of seven acres of land, 8sc, That on the 25th of August, 1819, the defendant, W. J. S., applied to the plaintiff to advance the amount of the bond and mortgage, representing that he wanted the money for the purposes of the infant’s estate, and that he had…
1Opinion of the Court
The Chancellor.
The bond and mortgage which the plaintiff claims, were taken by William James Steivart, in his character of guardian of the person and estate of Hopkins, the infant, and to which trust he had been duly appointed by this court That he had a legal control over that bond and mortgage, and a right to collect and receive the money due thereon, and a legal right to sell and assign the same, in the due exercise of his discretion as guardian, is a proposition that does not seem to admit of dispute. The bond was not due when it was assigned to the plaintiff ; but if the money was…
2Cited by65 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Lámar v. MicouSupreme Court of the United States · 1884
- Simpson v. . Foundation Co.New York Court of Appeals · 1911
- Waring v. LewisSupreme Court of Alabama · 1875
- Deobold v. . OppermannNew York Court of Appeals · 1888
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