Legal Opinion

Shepherd v. M'Evers

New York Court of Chancery

Decided September 8, 1819PublishedCited by 23 opinions

BETWEEN the years 1795 and 1812, Theophylact Bache became indebted to the firm of Sauer, Eyre Co, of Sheffield, in England, of which the plaintiff is surviving partner; the amount of which debt, including interest, as stated in the account annexed to the bill, was 402Z. 3s. sterling.

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BETWEEN the years 1795 and 1812, Theophylact Bache became indebted to the firm of Sauer, Eyre Co, of Sheffield, in England, of which the plaintiff is surviving partner; the amount of which debt, including interest, as stated in the account annexed to the bill, was 402Z. 3s. sterling. T. B. having become insolvent, on the 8th of June, 1807, executed a conveyance to JIT Evers and Leispenard, defendants, as joint tenants in fee, of certain real estate in the city of New- YorJc, and in the county of Essex, in trust, to sell and mortgage the same, as, and when, they should deem it expedient, and…

1Opinion of the Court

The Chanoellor,

Theophylact Bache was indebted, qn the 8th of June, 1807, to the house of Sauer, Eyre Sp Co, of which the plaintiff is the survivor. This appears very clearly from the -certificates of T. B: of the 22d of May, 1795, and the 17th of February, 1796, and front the testimony of J. O. Hoffman, JY, Van Antwerp, wad Andrew Bache. The last of these witnesses proves the confessions, of T. B. a short time before his death, in 1807, as to the existence and validity of the debt.

Being so indebted, T, B. on the 8th of June, 1807, conveyed his real estate in the city of New- York, and in the…

2Cited by23 opinions

  1. Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
  2. Baldwin v. PorterSupreme Court of Connecticut · 1838
  3. Danner & Co. v. Brewer & Co.Supreme Court of Alabama · 1881
  4. Voorhees v. CarpenterIndiana Supreme Court · 1891
  5. In Re the Accounting of KelloggNew York Court of Appeals · 1915

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