Van Reimsdyk v. Kane
U.S. Circuit Court for the District of Rhode Island
This was a bill in equity, the object of which was, to obtain satisfaction out of the separate estate of John Innes Clarke, Esq., deceased, of a debt alleged to be due from said Clarke, and Messrs. James Monroe, Samuel Snow, and Benjamin Monroe, who survived the said Clarke, but had become insolvents under the Rhode island act. The bill charged, that on the 28th of February, 1805, Mr. Clarke, and the said Messrs. Monroe.
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This was a bill in equity, the object of which was, to obtain satisfaction out of the separate estate of John Innes Clarke, Esq., deceased, of a debt alleged to be due from said Clarke, and Messrs. James Monroe, Samuel Snow, and Benjamin Monroe, who survived the said Clarke, but had become insolvents under the Rhode island act. The bill charged, that on the 28th of February, 1805, Mr. Clarke, and the said Messrs. Monroe. Snow & Monroe (who then were partners in trade under the firm of Monroe, Snow & Monroe) were joint owners of the ship Patterson, Clarke owning one half, and the firm of…
1Opinion of the Court
STORY, Circuit Justice.
The cause has now been argued upon the bill and answers and proofs of the parties, and the court is to pronounce its decision on the facts and on the law. And I am entirely satisfied, that all the material allegations of the bill are fully proved. Indeed the only fact, which seems strenuously *1069denied, is the original authority, supposed to have been given to Mr. Benjamin Monroe, to contract the debt and give the bill of exchange stated in the plaintiff’s bill.
It is argued by the counsel for the executors, that independent of the testimony of Messrs. Monroe, Snow &…
2Cited by22 opinions
- Hitchman Coal & Coke Co. v. MitchellSupreme Court of the United States · 1916
- May v. Le ClaireSupreme Court of the United States · 1871
- Pentz v. StantonNew York Supreme Court · 1833
- Obear v. First National BankSupreme Court of Georgia · 1895
- Devendorf v. West Virginia Oil & Oil Land Co.West Virginia Supreme Court · 1880
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