Tripler v. Olcott & Lord
New York Court of Chancery
BILL stated that Tripler fy Craig, plaintiffs, were partners in trade in the city of New-York; and that the plaintiff, Fanning, was owner of the ship Zephyr, of the value of 38,000 dollars, then on a voyage -from Wew-York to Wants, with a freight to be earned, amounting to 31,009 dollars; and being indebted to the defendant Lord, on three promissory notes, Amounting to 2,569 dollars; in or-(|er to secure’the payment of the same, on the 22d of De1812, by deed, assigned the…
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BILL stated that Tripler fy Craig, plaintiffs, were partners in trade in the city of New-York; and that the plaintiff, Fanning, was owner of the ship Zephyr, of the value of 38,000 dollars, then on a voyage -from Wew-York to Wants, with a freight to be earned, amounting to 31,009 dollars; and being indebted to the defendant Lord, on three promissory notes, Amounting to 2,569 dollars; in or-(|er to secure’the payment of the same, on the 22d of De1812, by deed, assigned the said ship and freight to the defendant Lord, on the express agreement, that after L. was paid his debt and interest, he…
1Opinion of the Court
The Chancellor.
This case was brought to adiearing on the part of the defendant Olcott, and we are only to discuss the case as it regards him.
Two of the plaintiffs (Tripler &f Craig,) have not shown any right or title whatever to an account, for they have not proved the assignment charged in the bill to have been made by Fanning to them on the 18th of December, 1813. This assignment is the only foundation of their claim, and it is not admitted by the answer. We must recur to the resulting trust of Fanning, as the only existing right shown on the part of the plaintiffs.
The bill of sale from…
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- Mason v. RooseveltNew York Court of Chancery · 1821
- Toney v. McGeheeSupreme Court of Arkansas · 1882
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