Barrow v. Rhinelander
New York Court of Chancery
EDMUND PRIOR, a merchant in the city of New-York, became bankrupt, in March, 1802. The defendant, who was his confidential clerk, and kept his cash and papers, paid and received moneys, sold goods, made entries in the books, &c.; was retained in his service, as such clerk, from the 29th of November, 1790, to the 1st of May, 1796, and from the 4th of July, 1797, to the 4th of July, 1801. During the time the defendant was in the service of Prior, the affairs of the latter…
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EDMUND PRIOR, a merchant in the city of New-York, became bankrupt, in March, 1802. The defendant, who was his confidential clerk, and kept his cash and papers, paid and received moneys, sold goods, made entries in the books, &c.; was retained in his service, as such clerk, from the 29th of November, 1790, to the 1st of May, 1796, and from the 4th of July, 1797, to the 4th of July, 1801. During the time the defendant was in the service of Prior, the affairs of the latter became greatly embarrassed; and the defendant lent him various sums of money, at different times. The bill stated, that, at…
1Opinion of the Court
The Chancellor.
This is a strong and peculiar case, which calls for relief. There appears to be very great reáson to presume an abused confidence. The defendant was the confidential clerk of Prior, and kept his cash accounts, and had free access to all his papers and moneys. From the beginning almost of their connexion, Prior was embarrassed, and had recourse to the defendant for the loan of moneys. This created, at once, a delicate relation between the master and the servant; and the rapidity with which loans and debts were accumulated, securities exacted, the load of dependency increased,…
2Cited by11 opinions
- Fordyce v. DillawayMassachusetts Supreme Judicial Court · 1912
- McDow v. BrownSupreme Court of South Carolina · 1870
- Lotz v. Standard Vulcanite Pan Co.Appellate Terms of the Supreme Court of New York · 1917
- Consequa v. FanningNew York Court of Chancery · 1817
- Sequatchie & South Pittsburg Coal & Iron Co. v. Tennessee Coal, Iron & Railway Co.Tennessee Supreme Court · 1914
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