Green v. Morse
New York Supreme Court
In Equity. This was an appeal, by the defendants, from a decree of the late vice chancellor of the fifth circuit. The bill was filed by the complainant as surviving executrix of Eben Blakeman, deceased, against the defendants as assignees of Sylvester Thayer, to compel the payment, by them, of the amount of a promissory note given to the testator for $450, dated May 10th, 1836, and payable July 10th, 1837, executed by Thayer as principal and Elijah Morse as surety.
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In Equity. This was an appeal, by the defendants, from a decree of the late vice chancellor of the fifth circuit. The bill was filed by the complainant as surviving executrix of Eben Blakeman, deceased, against the defendants as assignees of Sylvester Thayer, to compel the payment, by them, of the amount of a promissory note given to the testator for $450, dated May 10th, 1836, and payable July 10th, 1837, executed by Thayer as principal and Elijah Morse as surety. The bill stated that on the 9th of October, 1837, Thayer, together with his wife, executed to the defendants an assignment of his…
1Opinion of the Court
By the Court, Gridley, J.
Further reflection has confirmed me in the views expressed in the opinion delivered by me when this cause was before me as vice chancellor of the fifth circuit. In addition to what was said in that opinion, I will only add a few brief remarks.
It should be borne in mind that the ground upon which the defendants refuse to appropriate any portion of the assigned funds to the payment of the complainant’s demand, in defiance of a special direction in the assignment, is not that they have been requested or authorized to do so by the assignor, nor by any creditor under the…
2Cases cited4 opinions
- Pratt v. AdamsNew York Court of Chancery · 1839
- Green v. KempMassachusetts Supreme Judicial Court · 1816
- Cole v. SavageNew York Court of Chancery · 1844
- Pearsall v. KingslandNew York Court of Chancery · 1838
3Cited by14 opinions
- Clark v. SpencerSupreme Court of Kansas · 1875
- Chapin v. . ThompsonNew York Court of Appeals · 1882
- Merritt v. MillardNew York Court of Appeals · 1868
- Ellis H. Roberts & Co. v. VietorNew York Court of Appeals · 1892
- Strong v. StricklandNew York Supreme Court · 1860
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