Rose & Hawley v. Truax
New York Supreme Court
PPBAL from a judgment entered on the report of a referee. The plaintiffs, as assignees of one Absalom Gregg, brought an action to recover from the defendant, a settler on the Oneida purchase of 1840 and 1841, the sum of $263 and interest, being ten per cent, as was alleged, upon the sum of money canceled by the state from the amount of indebtedness existing on the defendant’s bond, and which he had agreed, with other settlers, to pay to Gregg, in the event of Gregg procuring…
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PPBAL from a judgment entered on the report of a referee. The plaintiffs, as assignees of one Absalom Gregg, brought an action to recover from the defendant, a settler on the Oneida purchase of 1840 and 1841, the sum of $263 and interest, being ten per cent, as was alleged, upon the sum of money canceled by the state from the amount of indebtedness existing on the defendant’s bond, and which he had agreed, with other settlers, to pay to Gregg, in the event of Gregg procuring the passage of a law granting relief to them. In 1840 and 1841, the state having acquired by treaty with the Oneida…
1Opinion of the Court
By the Court, Wright, J.
Whatever may be the rights of the parties to this controversy, or however ungracious and in*369equitable the conduct of the defendant in resisting the claim of the plaintiffs, one thing is very manifest, that all were parties in concocting and consummating a scheme which resulted, if not in plundering the state of some sixty thousand dollars, at least in inducing the bestowal of that sum on her debtors, as a mere gratuity. The state was the victim;; the public treasury depleted ; and this action grows out of a controversy between the victors and the instruments used by…
2Cases cited3 opinions
- Armstrong v. TolerSupreme Court of the United States · 1826
- Clippinger v. HepbaughSupreme Court of Pennsylvania · 1843
- Harris v. Roof's ExecutorsNew York Supreme Court · 1851
3Cited by27 opinions
- Chippewa Valley & Superior Railway Co. v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1889
- Western Union Telegraph Co. v. Burlington & Southwestern Ry. Co.United States District Court · 1882
- Snyder v. WilleyMichigan Supreme Court · 1876
- State v. JohnsonIndiana Supreme Court · 1875
- William Deering & Co. v. CunninghamSupreme Court of Kansas · 1901
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