Brinkerhoff v. Brown
New York Court of Chancery
THE bill was filed July 3,1818, against Mathew Brown, junr., Silas Smith, Oliver Culver, Ira West, Russel Smith, and Benjamin Huntington, trustees of the Genesee Manufacturing Company, and stated, among other things, that in October, 1817, Russel Smith, one of the defendants, applied to the plaintiffs, to purchase goods on credit, and offered the notes of the Genesee Manufacturing Company, which was incorporated in March, 1811, as security.
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THE bill was filed July 3,1818, against Mathew Brown, junr., Silas Smith, Oliver Culver, Ira West, Russel Smith, and Benjamin Huntington, trustees of the Genesee Manufacturing Company, and stated, among other things, that in October, 1817, Russel Smith, one of the defendants, applied to the plaintiffs, to purchase goods on credit, and offered the notes of the Genesee Manufacturing Company, which was incorporated in March, 1811, as security. That S. represented himself and the five other defendants as trustees of the company ; that the company, whose machinery had cost 15,000 dollars, was…
1Opinion of the Court
v The Chancellor.
The cause is now brought to a rehearing on the fact admitted by the counsel for the defendants, that judgment was entered in the suit at law, in August, 1818, between the filing of the bill and the coming in of the answers, and the question is, whether, with that fact conceded, the plaintiffs are entitled to the relief sought. The prayer of the bill is not merely for discovery; it is that the judgment confessed to Huntington, and the execution and sale thereon, be set aside, and that the defendants be enjoined from disposing of the personal property of the company.
I should be…
2Cases cited1 opinion
- Wiggins v. ArmstrongNew York Court of Chancery · 1816
3Cited by46 opinions
- Hadden v. SpaderCourt for the Trial of Impeachments and Correction of Errors · 1822
- National Tube Works Co. v. BallouSupreme Court of the United States · 1892
- Ward v. . PetrieNew York Court of Appeals · 1898
- Lehman v. MeyerSupreme Court of Alabama · 1880
- O'Brien v. CoulterIndiana Supreme Court · 1831
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