Philips v. Belden
New York Court of Chancery
a mow Belden, for an account of his agency of their estates. The bill also sought to set aside a conveyance made by Captain Frederick Philips, and Samuel Gouverneur and j\pary his wife to Amos Belden, of a farm on which he reg-¿e¿. an¿ the complainants claimed payment of large sums of money growing out of his agencies, alleged to be due to the said Frederick Philips at the time the bill was filed, both in his own right and in his character of administrator of Mrs. Ogilvie.
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a mow Belden, for an account of his agency of their estates. The bill also sought to set aside a conveyance made by Captain Frederick Philips, and Samuel Gouverneur and j\pary his wife to Amos Belden, of a farm on which he reg-¿e¿. an¿ the complainants claimed payment of large sums of money growing out of his agencies, alleged to be due to the said Frederick Philips at the time the bill was filed, both in his own right and in his character of administrator of Mrs. Ogilvie. The original bill in this cause was filed fin the month of February, one thousand eight hundred and twenty-nine, by…
1Opinion of the Court
The Vice-Chancellor.
Under the circumstances detailed in this case, it is insisted, on the part of the complainants, that even supposing there was no actual or intentional fraud practiced by the agent in obtaining the settlements, yet they ought not to stand and are still to be deemed open accounts; and, especially, that where such a confidential relationship exists as is proved in the present case, the policy of the law is against considering accounts as closed and settled, unless the party setting up the defence proves affirmatively the correctness of them. As a general rule, where an…
2Cited by32 opinions
- Young v. . HillNew York Court of Appeals · 1876
- State v. Illinois Central RailroadIllinois Supreme Court · 1910
- Auzerais v. NagleeCalifornia Supreme Court · 1887
- Lockwood v. . ThorneNew York Court of Appeals · 1854
- City of St. Louis v. AlexanderSupreme Court of Missouri · 1856
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