Forsyth v. Clark
Court for the Trial of Impeachments and Correction of Errors
Appeal from chancery. The appellant filed his bill in chancery to obtain a decree directing the respondent, Daniel P. Clark, to release and convey to him the moiety of the west half of the building in the city of Albany formerly known as the Tontine Coffee House, which the appellant alleged was held in trust by Clark for the"other respondent, Gilbert Stewart, whose interest in the premises the appelllant had acquired as a purchaser at sheriff’s and marshal’s sales by virtue…
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Appeal from chancery. The appellant filed his bill in chancery to obtain a decree directing the respondent, Daniel P. Clark, to release and convey to him the moiety of the west half of the building in the city of Albany formerly known as the Tontine Coffee House, which the appellant alleged was held in trust by Clark for the"other respondent, Gilbert Stewart, whose interest in the premises the appelllant had acquired as a purchaser at sheriff’s and marshal’s sales by virtue of executions against Stewart. It was stated in the bill that Stewart and Clark were co-partners in mercantile business…
1Opinion of the Court
The following opinion was delivered :
By Mr. Justice Marcy.
The settlement between Stewart and Clark, made in 1819, was not directly charged as fraudulent in the bill, but its fairness was incidentally involved in the matters that were in issue between the parties, and , the evidence that impeached it was properly received and ought not now to be laid out of view. The respondents might have repelled that evidence, if it could be done; and with the opportunity arose their duty to do so. At all events it is not for us to conjecture what different aspect might have been put on the transaction. So…
2Cited by19 opinions
- Crapo v. KellySupreme Court of the United States · 1873
- Blodgett v. HildrethMassachusetts Supreme Judicial Court · 1870
- Smith v. BurnhamU.S. Circuit Court for the District of Massachusetts · 1838
- Modisett v. JohnsonIndiana Supreme Court · 1831
- Robson v. HarwellSupreme Court of Georgia · 1849
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