Green v. Winter
New York Court of Chancery
THE petition, in this case, stated, that the defendant, in 1809, contracted to sell to Jacob Muller 50 acres in lot No. 45, in Cosby’s manor, (held by defendant in trust for plaintiffs, see S. C., ante, p. 26—44.,) for 750 dollars, with interest, payable in seven annual instalments, the whole of which, with the interest, except for one year, remained unpaid ; that G. W. Murray was appointed, by this court, a receiver of all moneys due to the trust estate, in trust for the…
Read the full summary
THE petition, in this case, stated, that the defendant, in 1809, contracted to sell to Jacob Muller 50 acres in lot No. 45, in Cosby’s manor, (held by defendant in trust for plaintiffs, see S. C., ante, p. 26—44.,) for 750 dollars, with interest, payable in seven annual instalments, the whole of which, with the interest, except for one year, remained unpaid ; that G. W. Murray was appointed, by this court, a receiver of all moneys due to the trust estate, in trust for the plaintiffs. Muller was wholly unable to perform his contract, and had assigned it to one Finster, who was able, but…
1Opinion of the Court
The Chancellor.
Some person ought to be authorized to act in this case, for the security and benefit of the trust. The defendant cannot act; for if the trust has not passed into the hands of Murray, yet the injunction restrains the defendant from acting; and the special order of the court seems requisite, to authorize Murray, in the character of receiver, to institute actions of ejectment. (3 Bro. C. C. 88, 1 Vesey, jun. 164.)
No injury can arise to the defendant in granting the application, since Murray will be required to give security to indemnify the defendant, on account of any suit which…
2Cited by3 opinions
- Morrill v. NoyesSupreme Judicial Court of Maine · 1863
- King v. CuttsWisconsin Supreme Court · 1869
- Ex parte CasselSupreme Court of Pennsylvania · 1834