Rome Bank v. Eames
New York Court of Appeals
The action was by the plaintiffs, a banking association, to obtain payment from trust property in the hands of the defendant Kirkland, of a judgment for $3,138 damages and costs recovered in December, 1855, against the defendant Mrs. Sarah Eames (now deceased), as a stockholder to the amount of $3,082 in the Manchester Manufacturing Company, which was dissolved in August, 1854. The cause was tried before the Hon. Daniel Pratt, without a jury, at the Oneida Circuit, in June,…
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The action was by the plaintiffs, a banking association, to obtain payment from trust property in the hands of the defendant Kirkland, of a judgment for $3,138 damages and costs recovered in December, 1855, against the defendant Mrs. Sarah Eames (now deceased), as a stockholder to the amount of $3,082 in the Manchester Manufacturing Company, which was dissolved in August, 1854. The cause was tried before the Hon. Daniel Pratt, without a jury, at the Oneida Circuit, in June, 1857. On the trial, the plaintiff claimed that the admissions contained in the pleading in this action made out their…
1Opinion of the Court
.Weight,
J. The general exception in the case, if it raises any legal question to be reviewed here* is the single one, whether .the plaintiff’s judgment against Mrs. Eames is a debt, within the. -provisions of the trust deed, which the defendant Kirkland is bound to pay in the execution of the trust. Points, it is true, are now made that the deed is fraudulent and void as to the plaintiff’s creditors of Mrs. Eames, and that in any. view it was error to dismiss the complaint, as she had a valuable equitable -interest in what remained -of the -trust property which the. -plaintiffs were entitled…
2Cases cited6 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- New York Central Insurance v. National Protection InsuranceNew York Supreme Court · 1854
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Thomas v. AustinNew York Supreme Court · 1848
- Ford v. AndrewsNew York Supreme Court · 1832
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Truesdell v. . SarlesNew York Court of Appeals · 1887
- McNeil v. CobbAppellate Division of the Supreme Court of the State of New York · 1919
- AnonymousNew York Supreme Court · 1874
- Doyle v. MulrenThe Superior Court of New York City · 1869
- Heermans v. . RobertsonNew York Court of Appeals · 1876
2 more not listed; retrieve them via the Exa API.