Swift v. Eckford
New York Court of Chancery
The bill in this cause was filed against the personal representatives of Henry Eckford, deceased, and against James E. Dekay, one of the representatives, in his individual capacity, and against the receivers of the Life and Fire Insurance Company of the city of New-York.
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The bill in this cause was filed against the personal representatives of Henry Eckford, deceased, and against James E. Dekay, one of the representatives, in his individual capacity, and against the receivers of the Life and Fire Insurance Company of the city of New-York. The complainant alleged, in his bill, that in May, 1826, he conveyed to H. Eckfoi’d, by an absolute deed, about six acres of land in the city of New-York, but which deed was only intended as a mortgage, to secure the payment of a debt due to the Life and Fire Insurance Company; that Eckford was the president of the company,…
1Opinion of the Court
The Chancellor.
The objection that the corporation of the Life and Fire Insurance Company should have been made a party to this bill, appears to be well taken. The receivers of the property and effects of the company, appointed upon the granting of the injunction immediately after the •failure of the company as described in the bill in this"case, are not the legal representatives of the rights of the corporation upon a bill to redeem the lands mortgaged for the use of the company. The receivers are proper parties, but the corporation itself should also have been a party. It is a fact, although…
2Cited by11 opinions
- Campbell v. BruenNew York Surrogate's Court · 1850
- Sedam v. WilliamsU.S. Circuit Court for the District of Michigan · 1845
- Reed v. CowleyDistrict Court, N.D. New York · 1868
- Eastern Building & Loan Ass'n v. DentonCourt of Appeals for the Sixth Circuit · 1895
- Sawyer v. NobleSupreme Judicial Court of Maine · 1867
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