Legal Opinion

Hutchinson v. Reed

New York Court of Chancery

Decided March 19, 1840PublishedCited by 2 opinions

The bill in this cause was filed for the purpose of establishing an exclusive right to a part of certain funds in the hands of the administrators of Francis E. Reed, for which a certificate of deposit in the Farmers’ Loan and Trust Company was held, and also to obtain an account and payment of other monies received by the administrators since the death of their intestate, the avails of flour belonging to the complainants.

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The bill in this cause was filed for the purpose of establishing an exclusive right to a part of certain funds in the hands of the administrators of Francis E. Reed, for which a certificate of deposit in the Farmers’ Loan and Trust Company was held, and also to obtain an account and payment of other monies received by the administrators since the death of their intestate, the avails of flour belonging to the complainants. After the replication was filed, an order by consent was entered into, referring the matters to a master to take testimony, determine the questions raised by the pleadings,…

1Opinion of the Court

The Assistant Vice-Chancellor :

A preliminary objection has been raised at the hearing, independent of the merits involved in the exceptions, viz: that the members of the firm of Hutchinson, Bingham & Co., ought to have been made parties. A brief outline of the case will explain this objection. The complainants and the above mentioned firm were merchants in Detroit, and separately employed Reed, the intestate, as their factor in New-York, to whom they consigned flour, and drew upon him in anticipation of the avails. Reed gave a power of attorney to Schuyler to transact the business during his…

2Cases cited4 opinions

  1. Van Epps v. Van DeusenNew York Court of Chancery · 1833
  2. Rogers v. RogersNew York Court of Chancery · 1828
  3. M'Gown v. YerksNew York Court of Chancery · 1822
  4. Rogers v. RogersNew York Court of Chancery · 1831

3Cited by2 opinions

  1. Hazard v. DurantSupreme Court of Rhode Island · 1868
  2. Howe v. ShielsNew York Marine Court · 1878

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