Anstice v. Brown
New York Court of Chancery
This was an appeal from the vice chancellor of thé fifth circuit. In 1801, J. Cock and J. P. Crowder of London had a copartnership demand of about $2000 against ¡S. & H. Johnson of New-York, which they sent with other demands to Brown & Burnett their agents at New York for collection; and they afterwards sent them a general power of attorney to transact all their business in this country.
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This was an appeal from the vice chancellor of thé fifth circuit. In 1801, J. Cock and J. P. Crowder of London had a copartnership demand of about $2000 against ¡S. & H. Johnson of New-York, which they sent with other demands to Brown & Burnett their agents at New York for collection; and they afterwards sent them a general power of attorney to transact all their business in this country. After various negotiations with the Johnsons, who had stopped payment, Brown & Burnett agreed to take from them four lots of land of 100 acres each in the Holland patent in Oneida county, together with their…
1Opinion of the Court
The Chancellor.
The proofs in the case conclusively establish the fact that Brown and his partner were employed to collect the partnership debt due to Cock & Crowder, and that a conveyance of these four lots was taken for their benefit, by Brown and his then partner, in part payment of that debt. It is also evident from the letter of February 1804, that the conveyance was taken in the name of Brown without any previous instructions or authority for that purpose from Cock & Crowder. It was not, therefore, strictly speaking, a resulting trust, which would in equity result to the state and not to…
2Cases cited1 opinion
- Craig v. LeslieSupreme Court of the United States · 1818
3Cited by12 opinions
- Marx v. . McGlynnNew York Court of Appeals · 1882
- Seymour v. FreerSupreme Court of the United States · 1869
- Lewis v. HawkinsSupreme Court of the United States · 1875
- Neilson v. LagowSupreme Court of the United States · 1851
- Dewhurst v. WrightSupreme Court of Florida · 1892
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