Moses v. Murgatroyd
New York Court of Chancery
THE bill stated, that Samuel G. Ogden, on the 16th of December, 1805, being indebted to Isaa< Moses & Sons, plaintiffs, in the sum of 12,412 dollars and 40 cents ; to Joseph Kauman, plaintiff, in the sum of 5,891 dollars and 34 cents ; and to Obed Smith, also plaintiff, in the sum.of 2,523 dollars and 90 cents; for goods purchased of them, and shipped on board a ship, called the Emperor, gave to the plaintiffs, Moses & Sons, four promissory notes, payable in six months, to…
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THE bill stated, that Samuel G. Ogden, on the 16th of December, 1805, being indebted to Isaa< Moses & Sons, plaintiffs, in the sum of 12,412 dollars and 40 cents ; to Joseph Kauman, plaintiff, in the sum of 5,891 dollars and 34 cents ; and to Obed Smith, also plaintiff, in the sum.of 2,523 dollars and 90 cents; for goods purchased of them, and shipped on board a ship, called the Emperor, gave to the plaintiffs, Moses & Sons, four promissory notes, payable in six months, to Samuel Murgatroyd, and endorsed by him; to Kauman, three notes, endorsed also by Murgatroyd, payable in six, seven, and…
1Opinion of the Court
The Chancellor.
The plaintiffs found their claim to the proceeds of the cargo, assigned by Ogden to S. Murgatroyd, on the 12th of February, 1806, as being property held by the intestate, in trust, for the payment of their notes. *128. „ trator, for the ire If this he or>ce conceded or ascertained, as a matter of fact# the conclusion follows, of course, that the proceeds were not assets in the hands of Thomas Murgatroyd, the adminisneral creditors of his intestate, but they existed in his hands subject to the trust. The cases of Deering v. Torrington, (1 Salk. 79. pl. 1.,) and of Kip v. The Bank of…
2Cases cited1 opinion
- Neilson v. BlightNew York Supreme Court · 1799
3Cited by50 opinions
- Wood v. DummerU.S. Circuit Court for the District of Maine · 1824
- Felix v. PatrickSupreme Court of the United States · 1892
- American Surety Co. v. Westinghouse Electric Manufacturing Co.Supreme Court of the United States · 1935
- Freedman's Savings & Trust Co. v. EarleSupreme Court of the United States · 1884
- Baldwin v. PorterSupreme Court of Connecticut · 1838
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