Coster v. Murray
New York Court of Chancery
The bill, (filed' June 23d, 1821,) stated, that the plaintiffs; were assignees of the Columbian Insurance Lompany> which company, on the 2d of April, 18 i 0, insured for the house of T. S. Clarkson 4’ Co. 10,000 dollars, on sugars, ou board of the ship Egeria-j belonging to the defendants, on a voyage from JYew-York to Russia.
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The bill, (filed' June 23d, 1821,) stated, that the plaintiffs; were assignees of the Columbian Insurance Lompany> which company, on the 2d of April, 18 i 0, insured for the house of T. S. Clarkson 4’ Co. 10,000 dollars, on sugars, ou board of the ship Egeria-j belonging to the defendants, on a voyage from JYew-York to Russia. The voyage was broken up at Copenhagen, and the cargo abandoned to the insurers, who paid the loss ; and the property was assigned to them on the 23d of May, 1811. The sugars were sold, and the proceeds, ■of them received by George Dickenson, agent of the inatxjeers, at…
1Opinion of the Court
The Chancellor.
It has been contended, on the part of the plaintiffs,
1. That this case came within the exception in the statute of limitations, as being an action “ which concerned the trade of merchandize, between merchant and merchant, their factors or servantsand,
2. That the claim contained in the bill, related to the execution of a trust, and, therefore, was not within the statute.
1. To bring a case within the exception in the statute, there must be mutual accounts, and reciprocal demands between two persons. This was so ruled by Mr. J. Denison, in Cotes v. Harris. (Butter’s N. P. 149.…
2Cases cited1 opinion
- Decouche v. SavetierNew York Court of Chancery · 1817
3Cited by15 opinions
- Green v. . DisbrowNew York Court of Appeals · 1879
- App v. DreisbachSupreme Court of Pennsylvania · 1830
- Bradford v. Spyker's Adm'rSupreme Court of Alabama · 1858
- State ex rel. Chemical National Bank v. School District No. 9Nebraska Supreme Court · 1890
- McLellan v. CroftonSupreme Judicial Court of Maine · 1830
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