Bolles v. . Duff
New York Court of Appeals
Appeal by plaintiff from an order of the late General Term of the Supreme Court of the first district, reversing a judgment for plaintiff at Special Term, and awarding a new trial.
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Appeal by plaintiff from an order of the late General Term of the Supreme Court of the first district, reversing a judgment for plaintiff at Special Term, and awarding a new trial. The facts are sufficiently stated in the opinion of the court. after insisting that the proper parties were before the court, and discussing the effect of the collusion of Roberts with Duff, and his neglect to redeem, and the position in equity of Duff as quasi a trustee for Trimble’s creditors; upon the question discussed by the court as to the effect of the former decree as a bar, cited Caverlay v. Phelps (6…
1Opinion of the Court
By the Court—Peckham, J.
On the 26th. of July, 1856, one Trimble assigned to Whitney & Earle, of Few York city, as security for a loan to him, a lease of certain lots upon which he afterward erected what was known as Laura Keene’s Theatre, costing about $50,000. Upon its face the assignment was absolute. On the 7th of January, 1857, Trimble assigned said lease and all his other property to one Roberts, in trust, to pay debts, and if any surplus to return it to Trimble. In the spring of 1857, Roberts, having first tendered to Whitney & Earle some $36,000 in full for the money advanced on the…
2Cases cited1 opinion
- Morris v. . MorangeNew York Court of Appeals · 1868
3Cited by12 opinions
- Jefferson v. ColemanIndiana Supreme Court · 1887
- Koerner v. Willamette Iron WorksOregon Supreme Court · 1899
- Fletcher v. ChamberlinSupreme Court of New Hampshire · 1881
- Foley v. FoleyAppellate Division of the Supreme Court of the State of New York · 1897
- In re City of New York to Acquire Title to East Twenty-Ninth StreetAppellate Division of the Supreme Court of the State of New York · 1936
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