Richardson v. . Draper
New York Court of Appeals
Appeal from judgment of the General Term of the SuCourt, in the second judicial department, entered upon i order made December 14, 1880, which affirmed a judgment, entered upon a decision of the court at Special Term. (Reported below, 23 Hun, 188.) in the opinion. The nature of the action and the material facts are set forth The guarantors- had the guaranty, and the right to dictate the form of the instrument they would sign.
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Appeal from judgment of the General Term of the SuCourt, in the second judicial department, entered upon i order made December 14, 1880, which affirmed a judgment, entered upon a decision of the court at Special Term. (Reported below, 23 Hun, 188.) in the opinion. The nature of the action and the material facts are set forth The guarantors- had the guaranty, and the right to dictate the form of the instrument they would sign. (Barnes v. Barrows, 61 N. Y. 39.) The effect, therefore, of Mr. Wheeler’s death was to discharge his estate both in law and in equity from all liability on the guaranty.…
1Opinion of the CourtEarl, J.
In 1874 Elisha P. Wheeler executed to the defendants a general assignment of all his property, without preferences, for the benefit of all his creditors. The assignees accepted the trust and took possession of the assigned property; and after they had converted it into money, and were ready for the distribution among the creditors of the assignor, the plaintiff, one of the creditors of the assignor, on his own behalf and on behalf of all the other creditors, who were very numerous, commenced this action against the defendants for a settlement of their accounts, and a distribution of the money…
2Cases cited2 opinions
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- Pittsburgh, C., C. & St. L. Ry. Co. v. Keokuk & H. Bridge Co.Court of Appeals for the Seventh Circuit · 1901
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