Ludlow v. Simond
Court for the Trial of Impeachments and Correction of Errors
ON appeal from a decision of the Chancellor, dismissing the appellants' bill with costs. The appellants, on the 11th of Marc/i. 1799, enter. ed into an agreement with Angier Marie Leremboure, and the respondent, by which, Leremboure was to load on board one or more vessels, such a quantity of tobacco and Havanna sugars, the former at 10 and a half and 11 cents per lb. the latter at 15 dollars 75 cents per cwt. for the brown, and 19 dollars for the white, as would form a…
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ON appeal from a decision of the Chancellor, dismissing the appellants' bill with costs. The appellants, on the 11th of Marc/i. 1799, enter. ed into an agreement with Angier Marie Leremboure, and the respondent, by which, Leremboure was to load on board one or more vessels, such a quantity of tobacco and Havanna sugars, the former at 10 and a half and 11 cents per lb. the latter at 15 dollars 75 cents per cwt. for the brown, and 19 dollars for the white, as would form a capital of about 40,000 dollars, after deducting the drawback. The goods thus shipped, to be consigned, under a bill of…
1Opinion of the CourtSpencer, J.
In the discussion of this cause the counsel have rested their arguments on two principal points.
1st. Whether the court of chancery had jurisdiction of this cause ?
• 2d. Whether the respondent, Simond, has, from the facts proved, been discharged from his responsibility on the contract entered into between the appellants, Leremboure, and himself t
I shall not enter into a particular consideration of the first question, because, it is immaterial, in the view I have taken of the subject, whether the court *29of chancery had, or had not jurisdiction. I wish, however, to be explicitly understood as not…
2Cited by7 opinions
- Walden National Bank v. BirchNew York Court of Appeals · 1891
- Ward v. . StahlNew York Court of Appeals · 1880
- Minion v. WarnerAppellate Division of the Supreme Court of the State of New York · 1918
- Cornell v. EaganNew York Court of Common Pleas · 1886
- Corn Exchange Insurance v. BabcockCommission of Appeals · 1870
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