Murray v. Coster
Court for the Trial of Impeachments and Correction of Errors
APPEAL from the Court of Chancery. The bill in the v Court below was filed June 23,1821. The Columbian Insurance Company insured 10,000 dollars, on sugars, on hoard the ship Egeria, from New-York to St. Petershurgh or Archangel.
Read the full summary
APPEAL from the Court of Chancery. The bill in the v Court below was filed June 23,1821. The Columbian Insurance Company insured 10,000 dollars, on sugars, on hoard the ship Egeria, from New-York to St. Petershurgh or Archangel. The voyage having been broken up at Copenhagen, the cargo was abandoned to the insurers, who Pa*d the loss, and the property was assigned to them, by the insured, on the 3d May, 1811. The sugars were sold, and the proceeds received by George Dickinson, agent of the insurers, at Copenhagen. In the summer of 1813, G. D., as aSent °f the insurers, and James D. Murray,…
1Opinion of the Court
Spencer, Ch. J.
The questions raised on the argument, are :
1. Whether this is a case coming within the exception in the statute, as concerning the trade of merchandise between merchant and merchant, their factors or servants ?
2. Whether the appellants are trustees; and whether the claim upon them relates to the execution of the trust 5 and, therefore, not within the statute ?
3. From what time the statute begins to run; whether from the demand of payment, in 1821, or from the time the sales were completed, and the rendering the account thereof, on the 8th of July, 1814 ?
4. Whether the answer…
2Cases cited2 opinions
- Decouche v. SavetierNew York Court of Chancery · 1817
- Bowen v. CrossNew York Court of Chancery · 1820
3Cited by41 opinions
- Taylor v. BenhamSupreme Court of the United States · 1847
- Sherwood v. SuttonU.S. Circuit Court for the District of New Hampshire · 1828
- Lawrence v. Trustees of Leake & Watts Orphan HouseNew York Supreme Court · 1845
- Kennedy v. BakerTexas Supreme Court · 1883
- Maury's Adm'r v. Mason's Adm'rSupreme Court of Alabama · 1838
36 more not listed; retrieve them via the Exa API.