Board of Public Works v. Columbia College
Supreme Court of the United States
This was a suit in equity to reach property belonging to the estate of a deceased debtor, and have it applied to the demand of creditors, aud particularly funds distributed by the executor of the estate of the deceased t-o legatees.
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This was a suit in equity to reach property belonging to the estate of a deceased debtor, and have it applied to the demand of creditors, aud particularly funds distributed by the executor of the estate of the deceased t-o legatees. The facts of the case were as follows: In July, 1853, the firm of Selden, Withers & Co..,.which was engaged in the business of banking in the city of Washington, entered into a contract with the Board of Public Works of Virginia, to sell on its account certain bonds of the State of Virginia, which had been issued for public im-provements. In pursuance of this…
1Opinion of the CourtJustice Field
As preliminary to the inquiry whether any grounds are-disclosed in the ease for the ifiterposition of a court of equity, the existence of an undisputed debt by the deceased must appear. The existence of such a debt is affirmed upon the admission of the pleadings of the-indebtedness, in 1854 and 1855, of the firm- of Selden, Withers & Co., and upon the decree of.the Circuit Court of Virginia, in June, 1860.
Whether th.e indebtedness of that firm, was merged in the judgment of the Supreme Court of New York-, and the personal claim against Withers was thus extinguished, as contended by counsel,…
2Cases cited2 opinions
- Young v. GrundySupreme Court of the United States · 1810
- Bates v. DelavanNew York Court of Chancery · 1835
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- Oscar Cruz v. MelecioCourt of Appeals for the First Circuit · 2000
- Tilt v. KelseySupreme Court of the United States · 1907
- Robertson v. PickrellSupreme Court of the United States · 1883
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