Mann v. Fairchild
New York Court of Appeals
Abijah Mann, Jr. sued Egbert H. Fairchild and Henry W. James, executors, &c. of Henry 1ST. Fairchild, upon several demands which originally accrued against the decedent in favor of the St. Lawrence Bank. That bank was dissolved in 1843 and a receiver appointed. The receiver in 1846 sold such property and effects of the bank as remained in his hands, at public auction.
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Abijah Mann, Jr. sued Egbert H. Fairchild and Henry W. James, executors, &c. of Henry 1ST. Fairchild, upon several demands which originally accrued against the decedent in favor of the St. Lawrence Bank. That bank was dissolved in 1843 and a receiver appointed. The receiver in 1846 sold such property and effects of the bank as remained in his hands, at public auction. The plaintiff in this action was the attorney of the Farmers’ Loan & Trust Co., who were large creditors of the bank. He attended the sale as their agent, and bought in, in their name, the demands on which this suit was brought.…
1Opinion of the Court
By the Court.
Potter, J.
This action, as appears by the pleadings, especially by the complaint and prayer or demand for judgment, is an action in equity, and seems to be based upon the theory that the defendant was a trustee of the St. Lawrence Bank, by virtue of certain resolutions, passed by the board of directors of said bank, or by virtue of an assignment made to him by said directors. If this theory, and the facts upon which it is based, shall fail, the action must fail, because, if .the claim exists only at law, the statute of limitations set up makes a legal defense to it, as this action…
2Cases cited8 opinions
- Heywood v. . the City of BuffaloNew York Court of Appeals · 1856
- Arden v. PattersonNew York Court of Chancery · 1821
- Mann v. FairchildNew York Supreme Court · 1853
- Williams v. MatthewsNew York Supreme Court · 1824
- People v. WalbridgeNew York Supreme Court · 1829
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