Arden v. Patterson
New York Court of Chancery
THE bill was filed October 8, 1818, by Richard D. Arden, Daniel Sullivan, and Isaac F. Roe, against John W. Patterson and Jacob De Hart, for the purpose of having a certain assignment by S. and F. to J). for the benefit of P., of a right of action against A. declared void and cancelled; and for a perpetual injunction to stay all proceedings under a judgment obtained by P. in the names of S. and F. against A., &c.
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THE bill was filed October 8, 1818, by Richard D. Arden, Daniel Sullivan, and Isaac F. Roe, against John W. Patterson and Jacob De Hart, for the purpose of having a certain assignment by S. and F. to J). for the benefit of P., of a right of action against A. declared void and cancelled; and for a perpetual injunction to stay all proceedings under a judgment obtained by P. in the names of S. and F. against A., &c. The material facts in the case are so fully stated in the opinion delivered by the Court, that it is unnecessary to detail the allegations in the pleadings, or the proofs taken in…
1Opinion of the Court
The Chancellor.
The question in this case is, whether the assignment by the plaintiffs, S. and R., to the defendant, De Hart, in trust for the defendant, Patterson, in the summer of 1815, of their demand and right of action against Arden, for thirteen pipes of wine, can be permitted to stand ?
The facts on which this question turned, are the following :
G. De Peyster, who had deposited thirteen pipes of Madeira wine with the plaintiff A., as collateral security for the payment of certain promissory notes made by him and held by A., amounting to 4,000 dollars, having, afterwards, become…
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