Preston v. . Fitch
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit without a jury. The plaintiff is the general assignee for the benefit of creditors of one William B. Fitch, and the defendant Reed Fitch is the surviving executor of Simeon Fitch, deceased.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made July 2, 1892, which affirmed a judgment in favor of defendant entered upon a decision of the court on trial at Circuit without a jury. The plaintiff is the general assignee for the benefit of creditors of one William B. Fitch, and the defendant Reed Fitch is the surviving executor of Simeon Fitch, deceased. The assignor of the plaintiff, together with the said Simeon Fitch were at one time partners under the firm name of S. & B. Fitch, as wholesale dealers in blue stone,…
1Opinion of the CourtPeckham, J.
The first question in this case arises out of the written agreement set forth in the foregoing statement. "What is the proper meaning of the clause therein contained, providing that the parties to it thereby “mutually agree to ■continue to hold as tenants in common the debt, claim or ■demand, amounting to about the sum of twenty-five thousand ■dollars, known as the Ezra Fitch debt, secured by mortgages- :and liens on lands known as the Ezra Fitch property at Coxsackie, Greene county, Flew York, each of the parties hereto to have and own an undivided one-half interest therein.”
The defendants…
2Cases cited2 opinions
- Williams v. . WhedonNew York Court of Appeals · 1888
- Johnson v. . HartshorneNew York Court of Appeals · 1873
3Cited by11 opinions
- Brooklyn Bank v. . BarnabyNew York Court of Appeals · 1910
- M. & C. Creditors Corp. v. PrattNew York Supreme Court · 1938
- Silberfeld v. Swiss Bank Corp.Appellate Division of the Supreme Court of the State of New York · 1948
- Grant v. FletcherDistrict Court, E.D. Michigan · 1922
- Secor v. Tradesmen's National BankAppellate Division of the Supreme Court of the State of New York · 1904
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