Dyett v. North American Coal Co.
New York Supreme Court
Appeal from chancery. The respondents filed a bill in chancery, before the vice chancellor of the first circuit, against the appellants and others, asking for a decree subjecting the income of certain trust property to the payment of a debt due to them, for a quantity of coal furnished on the order of Joshua Dyett, which was appropriated in the carrying on of a cotton factory, into which a portion of the trust property had been converted.
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Appeal from chancery. The respondents filed a bill in chancery, before the vice chancellor of the first circuit, against the appellants and others, asking for a decree subjecting the income of certain trust property to the payment of a debt due to them, for a quantity of coal furnished on the order of Joshua Dyett, which was appropriated in the carrying on of a cotton factory, into which a portion of the trust property had been converted. The trust property sought to be charged is a -lot in the city of New-York, on which there is a dwelling house erected, and in respect to which a deed in…
1Opinion of the Court
*572After advisement the following opinion was delivered :
By Mr. Justice Cowen.
I concur with the chancellor., that the debt in question was chargeable upon the wife’s interest in the Broadway house and lot. It is plain that the opinion of the vice chancellor would have been the same, had he not felt a difficulty in seeing that the Broadway property and factory made parts of one and the same trust estate. It appears to me that it is impossible to separate them. Originally, to be sure, the marriage settlement was confined to the Broadway property; but it is not denied that in pursuance of the very…
2Cited by47 opinions
- Yale v. . DedererNew York Court of Appeals · 1858
- Corn Exchange Insurance v. BabcockNew York Court of Appeals · 1870
- Radford v. CarwileWest Virginia Supreme Court · 1879
- Vandevoort v. . GouldNew York Court of Appeals · 1867
- Todd v. LeeWisconsin Supreme Court · 1862
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