Legal Opinion

Borst v. Corey

New York Supreme Court

Decided January 3, 1853PublishedCited by 6 opinions

In Equity. This suit was commenced in the late court of chancery, before the vice chancellor of the fourth circuit, by bill filed in June, 1846, in behalf of the complainant as the then late widow of James Halladay, deceased, and the wife of Martin I. Borst, one of the defendants.

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In Equity. This suit was commenced in the late court of chancery, before the vice chancellor of the fourth circuit, by bill filed in June, 1846, in behalf of the complainant as the then late widow of James Halladay, deceased, and the wife of Martin I. Borst, one of the defendants. The object of the bill was to compel the defendant Corey, as the trustee of the complainant, and as one of the assignees of her husband, Martin I. Borst, to render an account as such trustee and assignee, and to pay to the complainant whatever he had received, either as such trustee or assignee. The cause being at…

1Opinion of the Court

By the Court, Willard, P. J.

In December, 1836, the complainant, being the widow of James Halladay deceased, intermarried with Martin I. Borst. The bill alleged that prior to the marriage a parol agreement was entered into between the complainant and her intended husband, that the sum of $1300, to which she was entitled from the estate of her former husband, should be secured to her separate use, in the manner therein stated; and that afterwards, on the 10th April, 1838, in pursuance of said agreement, an instrument in writing was made and executed by and between said Martin of the first part,…

2Cited by6 opinions

  1. Dygert v. RemerschniderNew York Court of Appeals · 1865
  2. Hunt v. . HuntNew York Court of Appeals · 1902
  3. Rowell v. BarberWisconsin Supreme Court · 1910
  4. Schaffner v. ReuterNew York Supreme Court · 1862
  5. Carter v. Worthington & SmithSupreme Court of Alabama · 1886

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