Murray v. Riggs
Court for the Trial of Impeachments and Correction of Errors
THIS was an appeal from the Court of Chancery. The hill was originally filed by Andrew Van Tuyl, and the respondents Ward and M'Evers, in the year 1802, as assignees, under the bankrupt law of the United States, of Robert Murray, against John B. Murray and John Innes Clark, and others. Van Tuyl was afterwards removed by the creditors, and Riggs substituted in his place.
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THIS was an appeal from the Court of Chancery. The hill was originally filed by Andrew Van Tuyl, and the respondents Ward and M'Evers, in the year 1802, as assignees, under the bankrupt law of the United States, of Robert Murray, against John B. Murray and John Innes Clark, and others. Van Tuyl was afterwards removed by the creditors, and Riggs substituted in his place. The material facts of the case are as follows : On the 23d of March, 1798, Robert Murray, for himself, and as attorney, duly authorized, of his partners George W. Murray, John R. Murray, and James V. Murray, made an assignment…
1Opinion of the Court
Thompson, Ch. J.
It has been correctly stated, that the material question in this case grows out of the deed of the 23d of March, 1798, taken in connexion with the subsequent deeds between the same parties. But there have been some matters pressed into the argument which may be deemed, in some measure, collateral to the main question, and which it will be proper to notice, in order to prepare the mind for a just and correct view of those instruments. It has been broadly assorted, in argument, that the appellant was chargeable with fraud in fact. Upon what this assertion is bottomed, I have…
2Cases cited1 opinion
- Sterry v. ArdenNew York Court of Chancery · 1814
3Cited by35 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- Halsey v. FairbanksU.S. Circuit Court for the District of Massachusetts · 1826
- Mackie v. CairnsCourt for the Trial of Impeachments and Correction of Errors · 1825
- Burdick v. Post & HunttingNew York Supreme Court · 1851
- Thomas v. TrieberCourt of Appeals of Maryland · 1852
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