Dorsheimer v. Nichols
New York Court of Appeals
This is an action to enforce an equitable lien on a certain $30,000 received by the defendant, Isabella Patchin, as committee of the person and estate of Aaron D. Patchin, a lunatic, from George W. Tifft, on the settlement of a suit brought by her, as such committee, against the said George W. Tifft, Wiliam Dorsheimer (the plaintiff in this action), and Samuel Barrett, Abner Hazeltine and others, as trustees of the president, directors and company of the Chautauque County…
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This is an action to enforce an equitable lien on a certain $30,000 received by the defendant, Isabella Patchin, as committee of the person and estate of Aaron D. Patchin, a lunatic, from George W. Tifft, on the settlement of a suit brought by her, as such committee, against the said George W. Tifft, Wiliam Dorsheimer (the plaintiff in this action), and Samuel Barrett, Abner Hazeltine and others, as trustees of the president, directors and company of the Chautauque County Bank. Such action was brought in the Superior Court of Buffalo on or about May 29,1863, to set aside the sale of certain…
1Opinion of the CourtPotter, J.
There was no exception taken to the finding of facts or to the conclusion of law thereon, as found by the judge on the trial. The only error complained of by exception, is, to the admission of evidence by the judge on the trial, “that at the time the release was given by plaintiff to the trustees of the Chautauque County Bank and others, of his (plaintiff’s) claim to stock sold by said trustees upon which plaintiff claimed to have a lien, “ it was the express understanding between him and Mrs. Patchin, as committee of her husband’s estate, that the plaintiff should and might retain whatever…
2Cases cited5 opinions
- Curtis v. TylerNew York Court of Chancery · 1842
- Green v. HartNew York Supreme Court · 1806
- Pattison v. HullCourt Of Oyer And Terminer New York · 1828
- Jackson ex dem. Barclay v. BlodgetNew York Supreme Court · 1825
- Parmelee v. DannNew York Supreme Court · 1856