Stone v. Seymour
Court for the Trial of Impeachments and Correction of Errors
Error from the supreme court. Seymour and Bouck brought an action in the supreme court against C. A. Van Slyck, E. Stone and others, on a bond given to them as canal commissioners, the condition of which was that Van Slyck should pay over all moneys received by him as collector of tolls on the Erie canal, at Rochester, and well and truly execute the office of collector.
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Error from the supreme court. Seymour and Bouck brought an action in the supreme court against C. A. Van Slyck, E. Stone and others, on a bond given to them as canal commissioners, the condition of which was that Van Slyck should pay over all moneys received by him as collector of tolls on the Erie canal, at Rochester, and well and truly execute the office of collector. The bond hears date 1st June, 1825. The collector made monthly returns, to the comptroller’s office at Albany of the tolls reoeived by him, and according to such returns he was charged on the hooks of the comptroller, with the…
1Opinion of the Court
The following opinions were delivered:
By the Chancellor..Upon examination I have been surprized that there does not appear to be any settled rules, except in two or three cases, as to the application of indefinite payments where the creditor has different claims against his debtor, either in England or the United States, or in those countries whose general principles of jurisprudence are based upon the rules of the Homan or civil law. Some of the fundamental principles oftheeivillawappeartohave been adopted everywhere and to admit of no doubt: 1. If both debts are due at the time of the…
2Cases cited6 opinions
- United States v. KirkpatrickSupreme Court of the United States · 1824
- Field v. HollandSupreme Court of the United States · 1810
- U. States v. January & PattersonSupreme Court of the United States · 1813
- The Mayor and Commonalty of Alexandria v. Patten and OthersSupreme Court of the United States · 1808
- Postmaster General v. PurberU.S. Circuit Court for the District of Maine · 1827
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3Cited by39 opinions
- Allen v. CulverNew York Supreme Court · 1846
- Orleans County National Bank v. MooreNew York Court of Appeals · 1889
- Bank of California v. . WebbNew York Court of Appeals · 1884
- Stamford Bank v. BenedictSupreme Court of Connecticut · 1843
- Bridenbecker v. LowellNew York Supreme Court · 1860
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