Bebee v. President, Directors & Co.
New York Supreme Court
THIS cause came before the court, on an a Interlocutory order of the court of chancery. ppeal from an The following are the material facts which appeared in the case: On the 15th June, 1800, Joseph Eden, in order to indemnify John Wardell, a broker, in the city of New-entered up in the supreme York, against certain indorsements which he had made on the notes of J. Eden, and to secure the payment of monies lent to J. Eden, executed a bond in the penal sum of $100,000,…
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THIS cause came before the court, on an a Interlocutory order of the court of chancery. ppeal from an The following are the material facts which appeared in the case: On the 15th June, 1800, Joseph Eden, in order to indemnify John Wardell, a broker, in the city of New-entered up in the supreme York, against certain indorsements which he had made on the notes of J. Eden, and to secure the payment of monies lent to J. Eden, executed a bond in the penal sum of $100,000, conditioned for the payment of $50,000, with a warrant of attorney, to confess judgment thereon. On the 8th July, 1800, by…
1Opinion of the CourtTompkins, J.
The appeal in this cause is from an order of his honour, the chancellor, awarding a new trial of the feigned issue. The pleadings and proofs being now before us, the counsel, according to the course and practice of this court, have argued the cause at large upon the merits. Independently of the objections to the particular order appealed from, the appellants insist, that a feigned issue was unnecessary ; and that they are entitled to a decree in their favour, for the following reasons : 1. Because the judgment of Wardell was satisfied on record, when the appellants fairly, and for a valuable…
2Cited by31 opinions
- Bush v. . LathropNew York Court of Appeals · 1860
- Bissell Carpet-Sweeper Co. v. Goshen Sweeper Co.Court of Appeals for the Sixth Circuit · 1896
- M'Donald v. NeilsonCourt for the Trial of Impeachments and Correction of Errors · 1823
- Richmond v. AtwoodCourt of Appeals for the First Circuit · 1892
- Green v. MilbankNew York Supreme Court · 1877
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