Rome Exchange Bank v. Eames
New York Court of Appeals
Plaintiff brought this action in the supreme court, against Sarah Eames and Charles P. Kirkland, to obtain, from trust property in the hands of Kirkland, satisfaction of a judgment recovered by plaintiff against the Manchester Manufacturing Company, of which defendant Eames was a stockholder.
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Plaintiff brought this action in the supreme court, against Sarah Eames and Charles P. Kirkland, to obtain, from trust property in the hands of Kirkland, satisfaction of a judgment recovered by plaintiff against the Manchester Manufacturing Company, of which defendant Eames was a stockholder. The facts, as alleged in the complaint, and found by the judge, were: On September 3, 1833, Mrs. Sarah Eames executed a deed of assignment of a large amount of property, both real and personal, to Kirkland and one Walter S. Eames, in trust for certain purposes, thus expressed: “ 1st. To pay all my just…
1Opinion of the CourtWright, J.
The general exception in the case, if it raises any legal question to be reviewed here, is the single one, whether the plaintiff’s judgment against Mrs. Eames is a debt, within the provisions of the trust deed, which the defendant Kirkland is bound to pay in the execution of the trust. Points, it is true, are now made that the deed is fraudulent and void as to the plaintiffs, creditors of Mrs. Eames, and that in any view it was error" to dismiss the complaint, as she had "a valuable equitable interest in what remained of the trust property, which the plaintiffs were entitled to; but in the…
2Cases cited9 opinions
- Curtis and Others v. . LeavittNew York Court of Appeals · 1857
- New-York Central Ins. Co. v. . National Protection Ins. Co.New York Court of Appeals · 1856
- Graff v. . BonnettNew York Court of Appeals · 1865
- Ontario Bank v. RootNew York Court of Chancery · 1831
- Kelsey v. . WesternNew York Court of Appeals · 1849
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3Cited by5 opinions
- Newton v. JayAppellate Division of the Supreme Court of the State of New York · 1905
- Knapp v. CraneAppellate Division of the Supreme Court of the State of New York · 1897
- Gettins v. BoyleAppellate Division of the Supreme Court of the State of New York · 1918
- In re WentworthAppellate Division of the Supreme Court of the State of New York · 1920
- Schenck v. BarnesAppellate Division of the Supreme Court of the State of New York · 1898