Thatcher v. Candee
New York Court of Appeals
Appbaii from a judgment of the supreme court at general term in the fourth district, affirming an order of the special, term, which sustained a demurrer to the complaint. The complaint sets forth an assignment by John Hagaman of all his property, including certain real estate specifically described, to David W. Oandee, Andrew Thatcher, Nanning Marselis and Francis Hagaman, in trust for the benefit of his creditors, and the trustees all accepted the said trust.
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Appbaii from a judgment of the supreme court at general term in the fourth district, affirming an order of the special, term, which sustained a demurrer to the complaint. The complaint sets forth an assignment by John Hagaman of all his property, including certain real estate specifically described, to David W. Oandee, Andrew Thatcher, Nanning Marselis and Francis Hagaman, in trust for the benefit of his creditors, and the trustees all accepted the said trust. The conveyance of the land was by a separate deed, but the assignment of the personal property declared the trusts upon which the land…
1Opinion of the CourtLeonard, J.
The inquiry raised by the last objection, it seems unnecessary to discuss. The counsel for the defendant has made ho point in respect to it, and there can be no doubt that the facts stated do constitute a cause of action.
The defendant insists that there is an improper joinder of actions, because, as he supposes, the demand of $1,321 arises *148for a sum due to Thatcher and Marselis for money paid by them to satisfy certain judgments upon the real estate sold, for which they had become personally responsible, while the demand for $3,020 arises for the price of the land sold, which is due to the…
2Cases cited4 opinions
- Cruger v. HallidayNew York Court of Chancery · 1844
- Ridgeley v. JohnsonNew York Supreme Court · 1851
- Brinckerhoff v. WempleNew York Supreme Court · 1828
- Moore v. LyttleNew York Court of Chancery · 1819
3Cited by5 opinions
- In re the Accounting of LuckenbachAppellate Division of the Supreme Court of the State of New York · 1951
- In re HaightAppellate Division of the Supreme Court of the State of New York · 1898
- Anonymous v. GelpckeNew York Supreme Court · 1875
- People ex rel. Campbell v. Commissioners of Taxes & AssessmentsNew York Supreme Court · 1886
- William A. White & Sons v. ScottAppellate Division of the Supreme Court of the State of New York · 1961