Chamberlain v. Greenleaf
New York Court of Common Pleas
Sel ah Chamberlain brought this action against Warren E. Greenleaf, surviving partner of the firm of Greenleaf, Norris & Co., to obtain from the late firm of Greenleaf, Norris & Co., about $500,000 in stocks and bonds alleged to have been hypothecated by him, on payment by him of the sum of $192,000 advanced upon the security thereof.
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Sel ah Chamberlain brought this action against Warren E. Greenleaf, surviving partner of the firm of Greenleaf, Norris & Co., to obtain from the late firm of Greenleaf, Norris & Co., about $500,000 in stocks and bonds alleged to have been hypothecated by him, on payment by him of the sum of $192,000 advanced upon the security thereof. He avers that the firm is insolvent, and that the surviving partner is in infirm and impaired health, and has not physical capacity to conduct the business or properly manage and liquidate the property and affairs of the firm. He seeks to have his own property…
1Opinion of the CourtLarremore, J.
The affidavits submitted upon the motion are in direct conflict upon the material issues involved. The question of the exercise of undue advantage over the defendant is set at rest by his own affidavit, and that of his attorney, a reputable and reliable member of the legal profession. The judgment sought to be impeached appears to have been the deliberate result of an intention to subserve the inter- ' ests of all the creditors of the late firm.
It was urged with forcible argument that plaintiff, as between himself and the other creditors, was not an indifferent party, and apprehensions were…
2Cases cited2 opinions
- Bolles v. DuffNew York Supreme Court · 1869
- Stryker v. New York Exchange BankNew York Supreme Court · 1864
3Cited by1 opinion
- In re BartelmeNew York Supreme Court · 1901