Todd v. Meding
New Jersey Court of Chancery
Heard on bill, answer, cross-bill and proofs. The complainant, Joseph C. Todd, is a creditor of the Butler Silk Manufacturing Company, an insolvent corporation, of which the defendant Meding is the receiver. The defendant Madeline A. Roe is also a creditor of the said corporation. A part of the assets has been divided and distributed by the receiver. A part remains to be divided and distributed.
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Heard on bill, answer, cross-bill and proofs. The complainant, Joseph C. Todd, is a creditor of the Butler Silk Manufacturing Company, an insolvent corporation, of which the defendant Meding is the receiver. The defendant Madeline A. Roe is also a creditor of the said corporation. A part of the assets has been divided and distributed by the receiver. A part remains to be divided and distributed. The allegation of the bill is that, in the distribution already made,, the defendant Meding, for some reason, paid to Madeline Roe moneys which should have been paid to the complainant, and the object…
1Opinion of the Court
Pitney, V. C.
-The first question raised at the argument was to whom was-the dividend upon the claim of $10,000, verified by Miss Roe, properly due and payable. It was argued that it was due and payable to Miss Roe because the debt was originally due to her; that the affidavit was made by her, and the receiver was not bound to notice or act upon any partial assignment of the debt, or, at least, that the notice of the assignment contained in the sworn claim amounted to no more than a mere declaration of trust by Miss Roe which reserved to her the right to receive the dividend as trustee for Mr.…
2Cases cited11 opinions
- Leather Manufacturers' Bank v. MorganSupreme Court of the United States · 1886
- Shipman v. Bank of New YorkNew York Court of Appeals · 1891
- Continental National Bank v. National Bank of the CommonwealthNew York Court of Appeals · 1872
- N. B'k of C. in N.Y. v. . N.M. B'k A. of N.Y.New York Court of Appeals · 1873
- Dana v. National Bank of the RepublicMassachusetts Supreme Judicial Court · 1882
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3Cited by4 opinions
- Dieter v. ScottSupreme Court of Vermont · 1939
- Chase Nat. Bank of New York v. SaylesCourt of Appeals for the First Circuit · 1926
- Palmer v. PalmerSupreme Judicial Court of Maine · 1914
- Mayo v. City National Bank & Trust Co.New Jersey Superior Court Appellate Division · 1968